humble independent school district “focus on … · 2015-01-14 · humble independent school...

HUMBLE INDEPENDENT SCHOOL DISTRICT “FOCUS ON LEARNING”

REGULAR MEETING OF THE BOARD OF TRUSTEES

Notice is hereby given that a regular meeting of the Board of Trustees will be held on Tuesday, January 13, 2015 at 5:00 p.m. The meeting will be held in the Board Room at 20200 Eastway Village, Humble, Texas. The subjects to be discussed or considered or upon which any formal action might be taken are as follows: Call to order – 5:00 p.m. Adjourn to Closed Session

Section 551.074 Personnel Matters – To hear a complaint or charge against an officer or employee

Hearing & deliberation of FNG (LOCAL) Level 3 Parent Complaint Appeal

Section 551.074 Personnel – Deliberate appointment, employment, evaluation, re-assignment, duties, discipline or dismissal of a public employee.

Section 551.071 Consultation with Attorney for legal advice, opinion and recommendations.

If, during the course of the meeting covered by this notice, the Board should determine that a closed session of the Board should be held or is required in relation to any item included in this notice, then such closed session as authorized by Section 551.001 et. seq. of the Texas Government Code (the Open Meetings Act) will be held by the Board at that date, hour and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board may conveniently meet in such closed session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 – 551.084, inclusive, of the Open Meetings Act Reconvene Regular Session – 7:00 p.m. Welcome and introduction of Board and administration Pledge of Allegiance Salute to the Texas flag Moment of Silence Commendations and Recognitions

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Questions and comments by patrons or employees of the district regarding agenda items or any other matters

Comments by individual Board Members

(may include, but are not limited to, expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; reminders about an upcoming event organized or sponsored by the District; and/or information regarding a social, ceremonial, or community event that was attended or is scheduled to be attended by a Trustee or a member of the District)

Comments by the Administration

Superintendent regarding student issues, staff issues, facilities issues, funding issues, safe and secure campus issues and Board and district events

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BOARD ACTION AGENDA

Action: Closed Session

Consideration of and action on items addressed in Closed Session a) Consideration of FNG (LOCAL) Level 3 Parent Complaint Appeal b) Approval of personnel recommendations

Action: Minutes

Consideration of minutes for the regular Board meeting held on December 9, 2014. Consideration of minutes for the special Board meeting held on December 15, 2014

Update: Board Associations and Committees

Advertising/Marketing Committee Audit Committee Board and Superintendent Evaluation Process & Goals Committee Building and Planning Committee Education Foundation Finance Committee Legislative Committee Program Committee Technology and Data Governance Committee

Action: Consent Agenda

Consideration of items placed on the consent agenda.

1. GOVERNANCE REPORTS AND CONSIDERATIONS:

There are no items for this Division this month. 2. SUPERINTENDENT’S DIVISION REPORTS, CONSIDERATIONS AND

PURCHASES:

A. Action: Interlocal Agreement for After-School Services at Lakeland Elementary Consideration of Interlocal Agreement for After-School Services at Lakeland Elementary

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ADMINISTRATION RECOMMENDATION The Superintendent recommends that the Board of Trustees approve the Interlocal Agreement with Harris County Department of Education.

B. Action: Purchases Exceeding $50,000 in the Aggregate

Consideration Purchases Exceeding $50,000 in the Aggregate Specifically For Fire Alarm System Services ADMINISTRATION RECOMMENDATION The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to exceed $50,000 in the Aggregate Specifically for Fire Alarm System Services. By approving the selection of the vendor included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals.

3. LEARNING DIVISION REPORTS, CONSIDERATIONS AND PURCHASES:

A. Action: Exception to Elementary Class Size Limits Waiver

Consideration of the Exception to Elementary Class Size Limits Waiver

ADMINISTRATION RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the Exception to Elementary Class Size Limits Waiver with the Texas Education Agency.


Consideration of the Purchases Exceeding $50,000 in the Aggregate Specifically for NRG Park for the 2015 Graduations


The Superintendent recommends that the Board of Trustees approve the listing of purchases of services that are estimated to aggregate to a value of $50,000 or more for the 2014 fiscal year specifically for Rental Fees Associated with NRG Park for the 2015 Graduations. By approving the selection of the vendor included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and

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agreements necessary to provide the services to the District without the need to return to the Board for any further authorization or approvals.

C. Action: Purchases Exceeding $50,000 in the Aggregate

Consideration of Purchases Exceeding $50,000 in the Aggregate Specifically for Istation Home Access


The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more for the 2014-15 fiscal year specifically for Istation Home Access. By approving the selection of the vendors or consultants included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals.

4. FINANCIAL SERVICES DIVISION REPORTS, CONSIDERATIONS AND PURCHASES:

A. Action: Tax Refunds

Consideration of Petitions for Refunds in Excess of $500


The Superintendent recommends that the Board of Trustees approve the petitions for tax refunds.

B. Action: Budgetary Amendments

Consideration of Budgetary Amendments


The Superintendent recommends that the Board of Trustees approve budgetary amendments.

C. Action: Purchases Exceeding $25,000 Individually

Consideration of Purchases Exceeding $25,000 Individually Specifically for Asset Inventory Services

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ADMINISTRATION RECOMMENDATION The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are individually estimated at $25,000 or more for the 2014-15 fiscal year specifically for Asset Inventory Services. By approving the selection of vendors or consultants included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals.

D. Financial Services Reports

Tax Collection Report 2014-15 Comprehensive Annual Budget Report

5. HUMAN RESOURCES REPORTS, CONSIDERATIONS AND PURCHASES:

There are no items for this Division this month.

6. SUPPORT SERVICES DIVISION REPORTS, CONSIDERATIONS AND PURCHASES:

A. Action: Child Nutrition Center Office Renovations Close-Out

Consideration of Close-Out and Final Payment to Millennium Project Solutions ADMINISTRATION RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the final payment of $6,874.13to Millennium Project Solutions for a total contract price of $137,482.64 for the office renovations at the Child Nutrition Center.

B. Action: Purchases Exceeding $50,000 in the Aggregate Consideration of Purchases Exceeding $50,000 in the Aggregate Specifically for Replacement of Walk-In Freezers and Walk-In Coolers ADMINISTRATION RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more specifically for Replacement of Walk-In Freezers and Walk-in Coolers at Bear Branch and Elm Grove Elementary Schools. These replacements are part of long range planned replacement schedule.

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7. DISTRICT-WIDE REPORTS, CONSIDERATIONS AND PURCHASES:

A. Action: Emergency Purchase for KPHS Gym Floor Replacement

Consideration of Emergency Purchase for KPHS Gym Floor Replacement

ADMINISTRATION RECOMMENDATION The Superintendent recommends that the Board of Trustees ratify the emergency purchase for replacement of the KPHS Gym Floor.


Consideration of Purchases Exceeding $50,000 in the Aggregate Specifically for Playground Equipment and Installation Services ADMINISTRATION RECOMMENDATION The Superintendent recommends that the Board of Trustees approve the listing of District Wide purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more for the 2014-15 fiscal year specifically for playground equipment and installation services. By approving the selection of the vendors or consultants included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals.

8. FUTURE BOARD BUSINESS:

Consideration of and action on topics for future Board business: a) Posted agenda items requiring Board action b) Posted agenda items for information, with no action required c) Written reports, with no posting or discussion planned d) Appointment of Board committees or representatives

Adjournment

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This notice is given pursuant to Section 551.001 et.seq.of the Government Code. Dated: January 9, 2015 S/ _______________________________________

Keith W. Lapeze, Board Secretary

Note: Copies of attachments and other documentation may be requested from Peggy Young in the Superintendent’s Office at 281-641-8001. Full documentation of the items considered by the Board may be viewed on the Humble ISD web site on the day following the Board meeting at www.humble.k12.tx.us.

HUMBLE INDEPENDENT SCHOOL DISTRICT REGULAR MEETING OF THE BOARD OF TRUSTEES

The Humble Board of Trustees held the regular meeting on December 9, 2014 at 6:00 p.m. in the Board Room, 20200 Eastway Village Drive, Humble, Texas. Board Members Present: Robert Scarfo Robert Sitton

Keith Lapeze Angela Conrad Heath Rushing Charles Cunningham

Brent Engelage Staff Members Present: Guy Sconzo, Peggy Young, Tommy Price, Lynn Lynn, Roger Brown, Leila Sarmacanic, Carol Atwood, Trey Kraemer, Melissa Hayhurst, Cathy Airola, Deborah Yocham, Sally LaRue, Shelley Vineyard, Ida Schultze, Jeff Prowell, Nancy Pinkerton, LeighAnn Montgomery, Brandon Garza, Troy Kite, Marilyn Farrell, Janice Himpele, Jamie Mount, Jerri Monbaron, Kenny Kendrick, Yvonne Harris, Ellen Shimer, Stephanie Coronado, Linda Pearce, Kakie Palmer, Denise Rodriguez, Solomon Cook The Board met at 6:04 p.m. and adjourned to hear items posted for Closed Session at 6:05 p.m. The regular meeting was called back to order at 7:02 p.m. by Mr. Scarfo COMMENDATIONS AND RECOGNITIONS Inspiring Moments - presented by: Public Information featuring Humble ISD Kindergarten students who are exposed to the basics of learning and social development from the first day they enter the classroom. Humble ISD Super Staffers - The following Super Staffers received a sponsored prize of a $200 gift card to Pappas Restaurant. This month’s prize sponsor is, Education Foundation. The Super Staffers recognized were: Peggy Mensik, Humble Elementary, Science Teacher Roxanne Johnson, Sterling Middle, Counselor Cynthia Black, Transportation, Support Services

student

Approved

Stellar Standouts – November 1 – 30, 2014 LSE, Lila Gresham, 4th Grade, 3rd Place – Greater Houston, Chinese Speech Competition AMS – Region Band Rachael Beard, Stephen Campo, Peyton Casilio Madeline Chase, Haley Colburn, Noah Dixon Madeline Ellis, Leyla Garcia, Joseph Goolsby Michael Hernandez, Natalie Kopecky Alondra Martinez, Christian Newton Mario Rodriguez, Aden Smith, Temora Wilson AMS, Region Choir Abby Andrews, Carmyn Baughman, Shannon Blakelock, Parker Carter, Nina Cosme, Alicia Franklin, Cesar Funes, Sarah Garza, Diana Guerrero, Kaylie Hennessy, Brandon Jenkins, Jaelynn Knox, Caelia Marshall, Chris Martin, Brianna Symmes, Alexis Wu AMS, Region Orchestra Omar Aguilar, Tami Buning, Abigail Caldwell, Asad Danka, Matthew DeBerardinis, Elizabeth Dougherty, Immanuella Eyobio, Aidan Fort, Emmanvella Fowlks, Nicole Guerrero Hannah Huffman, Gabrielle Karamihan, Kirsten Karamihan, Jason Moreau, Faith Padgett, Abigail Randecker, Mari Robinson, Rachel Vickery, Rachel Watson, Kayla Wheeler CMS, Region Band Liya Abraham, Abby Afdahl, Mikayla Albert, Emily Anaya, Isabel Bauhs, Kate Brinson, Zach Cantrell, Divya Cherlo, Kevin Cordano, Lindsey Davis, Tre Davis, Mason DeSpain, Nick Dockter, Alex Dumais, Gabby East, Emma Engelage, Luis Fernandez, Danica Flood, Hudson Foyle, Hannah Fritsch, Grayson Graham, Ryan Grassman, Mariela Guidry, Julia Hadley, Michael Hanson, Blake Haynes, Logan Hernandez, Daniel Holubec, Hayden House, Spencer King, Sam Litchfield, Nathan Murray, Kyra O, Tyler Penning, Nick Pisani, Emily Pogue, Aidan Pyrcz, Evan Ransdell, Cheyenne Settegast, Mary Shin, Macy Simko, Griffith Stapp, Annemarie Teagle, Lex Unwin, Chris Wahrmund, Kayle Walling, Bennett Wehr, Rachelle Wilshire, CMS, Region Choir Zach Cantrell, Harrison Boyd, Payton Jones, Malory Keeler, Emma Omenson, Amanda Rodriguez, Payton VanNatter CMS, Region Orchestra Matthew Abajian, Cameron Birkhoff, Sam Cavazos, Nicholas Clement, Miki Dalit, Audrey Dedmon, Jacob Del Hansen, Abigail Dickson, Travis Dong, Anna Fuentes, Anna Galvan, Chloe Green, Max Grimes, Hannah Halvorsen, Brandon Hinh, Braden Hunt, Dylan Huynh, Ben Lloyd

CMS, Region Orchestra Emmanuel Mendieta, Rachel Mitchell, Emily Morse, McKenna Nevitt, John Nichols, Robert Nino, Ian Padhye, John Powers, Jacqueline Raney, Ashley Saydyk, Briget Shull, Ellen Sullivan, Heather Turner HMS, Region Band Ricardo Sandoval KMS, Region Band Marcus Block, Donavon Borja, Benicio Cancino, Colby Cook, Tess Credeur, Collin Hanebuth, Ty Hephner, Jeremiah Johnston, Dawson Kornegay, Madeline McCreight, James Mendez, Faith Plaisance, Jonathan Rogers, Stella Samples, Isaak Sanches, Luke Tiedtke, Michael Vickers, Jade Welby, Austion Wilding, Dylan Wooton KMS, Region Orchestra Amilah Azam, Olivia Grohn, RMS, Region Band Marissa Amar, Tim Bates, Bailey Berglan, Hayden Bivens, Harry Brightman, Georgia Daniel, Grant Doyle, Isabelle George, Jack Gilligan, Hayes Hamilton, Cade Hebert, Robin Hormann, Logan Landry, Dylan LeCroy, Nicholas Lopez, Leo Loredo-Moreno, Boting Lu, Kevin Matz, Jerin Miller, Jake Moore, Alden Narhi, Trent Nolen, Eden Pratt, Justin Rios, Alyssa Rodriguez, Kayla Sorensen, Asher Thorn, Joseph Travioli, Andrew Wilson, Michael Zalewski RMS, Region Choir Ashley McMurray, Abigail Smith, Sydney Svagerko, Aidan Hartung, Avary Hartung, Camryn Creech, Charda Smith, Avery Gleason, Addie Wemyss, Maddisen LeCompte, Edie Shanahan RMS, Region Orchestra Elizabeth Beatty, Diego Corson, Cameron Dillon, Mary Durkee, Eric Febles, Andres Garza, Jon Gutierrez, Alfie Holmes, Caia Jacks, Kennedy Knight, Natalia Lago, Jamie Lee, Leah McElvain, Isaac Miller, Simon Ngo, Gabriella Quintanilla, Lilly Tian, Savannah Wartenbach SMS, Region Choir Anastasia Meziere SMS, Region Orchestra Aldair Monsivais TMS, Region Band Benjamin Gonzalez, Alexandra Ojeda, Collin Shelton TMS, Region Choir

Sara Cosmi, Julianne Ellington, Kennedy Leonard, Renae Richmond TMS, Region Orchestra Suzanna Baez, Jeremy Chauvin, Emil De Veyra, Daniela Etzel, Carly Feleccia, Jimena Flores Ochoa, Juliette Fuentes, Amanda Golla, Seth Haley, Spencer Herold, Rizzagrace Illagan, Laurel Jackson, Natalie Jackson, Aili Kangasniemi, Melody Lihou Morgan Marinelli, Kevin Muzzarelli, Andrew Olges, Jonathan Ruiz, Emily Tencer, Nicholas Zuklic WMS, Region Band Nadia Armstrong, Rebecca Bigney, Regean Davenport, Zach Davenport, Braden Farrell, Jenna Hlavaty WMS, Region Choir William Dunn, Nataly Gonzalez, Micah Goodwine, Gavin Haines, Clarke Horton, Hennesie Laureano, Kaylie Lyle, Christopher Smith WMS, Region Orchestra Marco Acevedo, Jayden Araujo, Mamott Chris, Lily Do, Sheldon Guerin, Evan Gutke Katie Impelman, Tristen Kho, Camryn Mahone, Gus Mendel, Lizette Murillo, Jackie Nguyen, Megan Nguyen, Ryan Oh, Taylor Smith, Nicholas Wesley, Richard Xiang, Jason Yu AHS, Region Choir Jordan Beckman, Levi Betz, Kaleb Brock, Jesse Brunette, Taylor Bullard, Dylan Campbell, Matthew Cobb, Joseph Cobon, Kiger Davis, Yaniece Davis, Jason Diaz, Nicolas Estrada, Natelie Fonnesbeck, Julie Funes, Jordan Garcia, Savannah Hale, Anne Hamilton, Ellen Hamilton, Emily Hardy-Croskey, Darby Hindmon, Caitlyn Huffer Kendall Jenkins, Madison Kansteiner, Madison Lofty AHS, Region Choir Teresa Mastroberardino, Brent McFarland, Victoria McMillion, Christine Mompoint, Jade Panares, Kiley Rovegno, Kristen Rynearson, Nick Sheppard, Savannah Sheppard, Brittany Smith, Gelesa Tripps, Brandon Vaughn, Brianna Vela, Rachel Webb, Frank Westmoreland, Tylar Wiley, DaiMonique Williams, Jonathan Williams AHS, Region Orchestra Antonio Abarquez, Steven Aguilar, Kurt Arzaga, Amanda Baez, Matthew Buniva, Michaela Cueto, Crystal Eaves, Anthony Galindo, Alex Gallegos, Reynaldo Garcia, Brian Golla, Andrew Guillory, Christian Harvey, Joanna Hawkins, Ethan Herold John Kumenda, Nathan Kwan, Aaliyah Leslie-Tulloch, Timothy Mathews, Linden Maute, Brent McFarland, Garrett Meeks, Tysen Mendel, Kyle Moreau, Daniel Najar, Dami Ojo, Lauren Palomo, Jude Rivera, Elise Shauf, Spencer Shirley, Zolo Sindhu, Albert Truong, Brandon Vaughn, Arielle Wise, Nick Wood

HHS, Region Choir Elizabeth Diedrick, Zerryn Hogan, Justin Reyna, Feliciano Rodriguez, Edrion Williams HHS, Kevin Scherer, IB student organizer HHS Salute to Veterans, Commendations from City of Humble, Rep. Dan Huberty & Congressman Ted Poe HHS, Boys Basketball Team, McDonald’s Texas Invitational Basketball Tournament Champions KHS, Region Orchestra Lauren Ables-Torres, Gabriella Adame, Leigh Anne Robichaux, Darian Barrett, Ben Bentley, Megan Berkstresser, Bailey Breuhl, Alex Broussard, Allison Cates, McKenzie Chen, Caleb Chu, Nathan Cleaver, Charles Croft, Sabrina Cuadra, Ryan DeKoekkoek, Nicholas Drew, Emily Duin, Lewis Edwards, Alex Eng, Gabe Fronk, Allen Garrett, Peter Goh, Brandon Griswold, Rachel Guilfoyle, Michael Huang, Ashley Jackson, Paul Kim, Christian L’Italien, Emily Lafitte, Anna Larson, Katie Lee, Megan Letsos, Lilly Mandelski, Caleb Maranto, Caitlin Meskill, Laura Michie, Emily Mitchell, Meg Mosel, Ian Nielson, Alex Phillips, Sara Pinney, Oliver Raney, Annie Reese, Kirsten Revfik, Samantha Refvik, Emily Rook, Luther Sentz, Collin Setzer, Shelby Shull, T.J. Shull, Eric Sun, Cynthia Terrace, Trevor Theimer, Zach Theimer, Leonard Topp, Stratton Wills Riley Wilson, Susan Xu, Brent Zhaung KPHS, Region Choir Nina Arntsen, Victoria Becker, Marissa Cano, Lexi Clidienst, Katelynn Curts, Victoria Falgout, Emily Folse, Amanda Haney, Jarod Hardy-Croskey, Jacob McMaster, Kristen Meaux, Rhiannon O’Brien, Kouressa Smith, Helen Vassiliades, Laura Walker Nathanael Wilkinson KPHS, Region Orchestra Greg Mika, Caroline Pagano, Joseph Reding KPHS, DAY OF SERVICE NOV. 18, More than 500 freshmen in Service Learning projects throughout Houston Area KPHS ALGEBRA 1, SERVICE LEARNING NOV. 21, Students packaged more than 10,000 meals for Stop Hunger Now KPHS Boys Cross Country 1st Place, District Meet KPHS Girls Cross Country 1st Place, District Meet KPHS, Cross Country advanced to State Jamie Contreras, Ismail Jackson, Avery Johnson, Fallon Spraggins

SCHS, Region Choir Isabel Alvarado, Louis Chen, Joseph Guy, Christian Hughes, Merrin Lamb, Rebecka Morris, Steven Padua, Zach Parr, Ernesto Santamaria, Sage Smith, Hayley Wallis, Cambria White SCHS, Region Orchestra Joshua Broussard, Courtney Nguyen, Amanda Quach, Brynne Taft Humble ISD Education Foundation The Humble ISD Education Foundation experienced a very successful employee appeals campaign with employees supporting the Education Foundation in the amount of $310,000 this year. QUESTIONS AND COMMENTS BY PATRONS OR EMPLOYEES OF THE DISTRICT

Kevin Sarvis, Center Point Energy Load Management Program Manager, presented Humble ISD with a check in the amount of $49,713.10 for energy cost savings. COMMENTS BY INDIVIDUAL BOARD MEMBERS

The Trustees thanked employees for their support of the Education Foundation during the campaign this year. The Inspiring Moments video featuring Humble ISD Kindergarten students was wonderful. Congratulations to Super Staffers, job well done! The Trustees stated that the first semester was a great one. The Board wished everyone a Happy and Safe Holiday. COMMENTS BY THE SUPERINTENDENT

Dr. Sconzo stated how very proud he is of all our facilities, with every campus and support complex holding Toy and Food Drives to support either HAAM or the Society of St. Stevens in Kingwood. He wished everyone a very Merry Christmas. ACTION ITEMS FROM CLOSED SESSION

FNG (LOCAL) Level 3 Parent Complaint Appeal - Postponed PERSONNEL A motion was made by Ms. Conrad that the Board of Trustees approve the Administration’s Personnel recommendation as presented with addendum. The motion was seconded by Mr. Cunningham. The motion passed unanimously.

Please see the next page for Personnel Agenda.

HUMBLE INDEPENDENT SCHOOL DISTRICT PERSONNEL RECOMMENDATIONS

December 9, 2014

RETIREMENTS Campus Assignment Eff. Date

Lanford, Winifred Timberwood Middle School Social Studies Teacher December 19, 2014 Thomas Wagener Cate Center Assistant Principal January 30, 2015

RESIGNATIONS Campus Assignment Reason Eff. Date

Burdett, Rebecca Lakeland Elementary Extended Learning Teacher Health Reasons November 18, 2014 Delahoussaye, Caron Atascocita Springs Elementary Extended Learning Teacher Family Circumstances November 05, 2014 Faris, Jean Riverwood Middle School Librarian Family Circumstances January 05, 2015 Garcia, Pablo Summer Creek High School History Teacher Leaving Profession November 21, 2014 George, Tina Summer Creek High School SLP Assistant Family Circumstances December 02, 2014 Johnson, Salem Park Lakes Elementary Nurse Family Circumstances December 01, 2014 Malone, Megan Atascocita Springs Elementary Kindergarten Teacher Moving December 19, 2014 Obrien, Shannon Atascocita High School English Teacher Family Circumstances December 19, 2014 Revia, Nichole Atascocita Springs Elementary 4th Grade Teacher Family Circumstances December 19, 2014 Riley, Grace Atascocita Middle School SPED Teacher Moving December 19, 2014 Shipley, Mary Catherine Park Lakes Elementary Kindergarten Teacher Family Circumstances December 19, 2014 Slovacek, Ellen Humble High School Technology Teacher Moving December 19, 2014 Vargas, Eduardo Kingwood Park High School Science Teacher Other November 07, 2014

RECOMMENDATIONS FOR PROFESSIONAL EMPLOYMENT Degree Certification Assignment Exp. Eff. Date Previous Emp.

Kingwood Park High 013 Donovan, Maricela B.A./University of Texas at Austin Science 7-12 Science Teacher 2 years Dec. 1, 2014 Humble ISD-SUB

Summer Creek High 014 Cosey, Paislee B.A./Northwestern State University ELAR 7-12 (ACP) English Teacher None Nov. 21, 2014 Private Industry

Atascocita Springs Elementary 126 Galindo, Sandra B.A./Park University SPED EC-12 SPED Teacher 1 year Nov. 17, 2014 Humble ISD-PARA


December 9, 2014

Mattlage, Charles B.A./University of Houston-Downtown Generalist EC-6 4th Grade Teacher None Jan. 05, 2015 Humble ISD-SUB/Recent Grad

Lakeland Elementary 102 Lasiter, Amanda B.A./ University of Texas at Tyler Art EC-12 Art Teacher (PT .50%) 2 years Dec. 15, 2014 Humble ISD-SUB

North Belt Elementary 103 Landry, Ashley B.S./Lamar University Generalist EC-6 2nd Grade Teacher None Dec. 01, 2014 Humble ISD-SUB


December 9, 2014 Addendum

RESIGNATIONS Campus Assignment Reason Eff. Date

Castillo, Jessica Park Lakes Elementary 5th Grade Bilingual Teacher Family Circumstances December 5, 2014 Gladney, Cortney Timberwood Middle School 7th Grade Math Teacher Moving December 19, 2014

RECOMMENDATIONS FOR PROFESSIONAL EMPLOYMENT Degree Certification Assignment Exp. Eff. Date Previous Emp. Kingwood Middle School 042 Rathmell, Taylor B.S./Sam Houston State University Generalist EC-6 6th Grade Social Studies Teacher None Jan. 5, 2015 Recent Grad

Ross Sterling Middle School 047 Llewellyn, Delaney B.S./ Texas A&M University Math/Science 4-8 7th Grade Science Teacher None Jan. 5, 2015 Recent Grad Fall Creek Elementary 124 Blickenstaff, April B.S./Brigham Young University Generalist EC-4 1st Grade Teacher 5 years Dec. 10, 2014 Humble ISD-Sub Jack Fields Elementary 117 Niven, Morgann B.S./Stephen F. Austin State University Generalist EC-6 5th Grade Self Contained Teacher None Jan. 5, 2015 Recent Grad Park Lakes Elementary 122 Patino, Hilda B.A./University of Houston-Downtown Bilingual Generalist EC-6 2nd Grade Bilingual Teacher 2 years Jan. 5, 2014 Humble ISD-PARA


December 9, 2014 Addendum

RECOMMENDATIONS FOR PROFESSIONAL EMPLOYMENT It is recommended that Sharrie Roden be appointed to the position of Coordinator of 504 Services effective January 5, 2015. Ms. Roden holds a Bachelor of Science in Education from Stephen F Austin State University and previously held the position of Project Manager for Special Education with Humble ISD.

It is recommended that Kara Menefee be appointed to the position of Assistant Director of Child Nutrition Procurement/Menu Planner effective January 5, 2015. Ms. Menefee holds a Bachelor of Science in Family and Consumer Science from Texas State University and previously held the position of Area Supervisor with Alief ISD.

MINUTES FROM THE PREVIOUS MEETING

A motion was made by Ms. Conrad to approve the minutes for the special Board Meeting held on November 6, 2014. The motion was seconded by Mr. Sitton. The motion passed with a vote of six (6) for and one (1) abstention. Mr. Lapeze abstained. A motion was made by Ms. Conrad to approve the minutes for the regular Board Meeting held on November 11, 2014. The motion was seconded by Mr. Cunningham. The motion passed unanimously. A motion was made by Ms. Conrad to approve the minutes for the special Board Meeting held on November 13, 2014. The motion was seconded by Mr. Rushing. The motion passed with a vote of five (5) for and two (2) abstentions. Mr. Cunningham and Mr. Lapeze abstained. Board Associations and Committees

Advertising/Marketing Committee – No report. Audit Committee – No report. Board and Superintendent Evaluation Process & Goals Committee – No report. Building and Planning Committee – The Committee met last week and a Board

Workshop is scheduled to be held on November 13th. Education Foundation – The Annual Golf Tournament Fundraiser will be held on

December 11th. Waste Management awarded Humble ISD $1,000,000 Science Chair Program. Humble ISD Rodeo tickets are on sale and everyone is encouraged to attend.

Finance Committee – No report. Legislative Committee – Save the Date – Lake Houston Area Chamber of

Commerce’s first legislative trip to Austin will be February 16 & 17, 2015. Program Committee – The Committee has completed three (3) year plan

interviews with Program Managers. Meeting on December 10th regarding RTI and Dyslexia Programs.

Technology and Data Governance Committee – The Committee met regarding the completion of the replacement of computers across the District, update on the pilot program and technology plan.

CONSENT AGENDA

After review, a motion was made by Ms. Conrad to approve the following Board items by consent: Governance: B & C; Learning Division: A; Financial Services Division: A, B, & C; Support Services Division: B & C. The motion was seconded by Mr. Lapeze. The motion passed unanimously.

1. GOVERNANCE REPORTS AND CONSIDERATIONS

A. Policy CDA (LOCAL)

Consideration of Policy CDA (LOCAL) including Investment Strategies, the Corresponding Resolution, the Listing of Qualified Brokers/Dealers, and Sources of Training

A motion was made by Mr. Cunningham to accept the Superintendent’s recommendation that the Board of Trustees approve Policy CDA (LOCAL) including Investment Strategies, the corresponding Resolution, the Listing of Brokers/Dealers, and Sources of Training. The motion was seconded by Mr. Lapeze. The motion passed with a vote of six (6) for and one (1) abstention. Mr. Sitton abstained.

B. Policy DCE (LOCAL)

Consideration of Policy DCE (LOCAL) The Superintendent recommends that the Board of Trustees approve Policy DCE (LOCA), Employment Practices and Other Types of Contracts. Approved by consent.

C. Resolution in Support of Expanding the State’s Investment in Pre-K

Education

Consideration of the Resolution in Support of Expanding the State’s Investment In Pre-K Education The Superintendent recommends that the Board of Trustees approve the Resolution in Support of Expanding the State’s Investment in Pre-K Education.

Approved by consent. 2. SUPERINTENDENT’S DIVISION REPORTS, CONSIDERATIONS AND

PURCHASES There were no items for this title this month.

3. LEARNING DIVISION REPORTS, CONSIDERATIONS AND PURCHASES

A. Exception to Elementary Class Size Limits Waiver


The Superintendent recommends that the Board of Trustees approve the Exception to Elementary Class Size Limits Waiver with the Texas Education Agency. Approved by consent.

4. FINANCIAL SERVICES DIVISION REPORTS, CONSIDERATIONS AND

PURCHASES

A. Tax Refunds

Consideration of Petitions for Refunds in Excess of $500 The Superintendent recommends that the Board of Trustees approve the petitions for tax refunds. Approved by consent.

B. Waiver of P & I

Consideration of Requests for Waiver of Penalty and Interest on Delinquent Taxes The Superintendent recommends that the Board of Trustees approve the requests for waiver of penalty and interest on delinquent tax accounts. Approved by consent.

C. Budgetary Amendments


The Superintendent recommends that the Board of Trustees approve budgetary amendments. Approved by consent.

D. Financial Services Reports

There was no discussion regarding the following reports:

Tax Collection Report Cash & Investment Reports Revenues & Expenditures Report Construction in Progress Summary Report Purchasing Cooperative Fees Report

5. HUMAN RESOURCES REPORTS, CONSIDERATIONS AND PURCHASES

A. 2014-15 No Child Left Behind Highly Qualified Report

There was no discussion of the report on No Child Left Behind, 100% Highly Qualified Staff –Teachers and Title I Paraprofessionals.

6. SUPPORT SERVICES DIVISION REPORTS, CONSIDERATIONS AND

PURCHASES

A. New Buses for Transportation Department Consideration of New Buses for Transportation Department A motion was made by Mr. Sitton to accept the Superintendent’s recommendation that the Board of Trustees approve the selection of Longhorn Bus Sales to provide new buses in support of District Operations. By approving the selection of the vendors or consultants included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals. The motion was seconded by Mr. Rushing. The motion passed unanimously.

B. Purchases Exceeding $50,000 in the Aggregate

Consideration of Purchases Exceeding $50,000 in the Aggregate and $25,000 Individually Specifically for Portable Buildings The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more for the 2014-15 fiscal year, specifically for Portable Buildings. By approving the selection of the vendors or consultants included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals. Approved by consent.

C. Purchases Exceeding $50,000 in the Aggregate Consideration of Purchases Exceeding $50,000 in the Aggregate and $25,000 Individually Specifically for Software

The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more for the 2014-15 fiscal year, specifically for Software. By approving the selection of the vendors or consultants included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals. Approved by consent.

7. DISTRICT-WIDE REPORTS, CONSIDERATIONS AND PURCHASES

There were no items for this title this month.

There being no further business, the meeting adjourned at 7:52 p.m. ______________________________ _________________________________ Secretary President Note: Copies of attachments and other documentation may be requested from Peggy Young in the Superintendent’s Office at 281-641-8001. Full documentation of the items considered by the Board may be viewed on the Humble ISD web site on the day following the Board meeting at www.humble.k12.tx.us.

HUMBLE INDEPENDENT SCHOOL DISTRICT SPECIAL MEETING OF THE BOARD OF TRUSTEES

The Humble Board of Trustees held a special meeting on Monday, December 15, 2014, 6:00 p.m. at the Humble ISD Administration Building, Conference Room 116, 20200 Eastway Village, Humble, Texas. Board Members Present: Robert Scarfo Robert Sitton

Keith Lapeze Angela Conrad Charles Cunningham Heath Rushing Brent Engelage

Staff Members Present: Guy Sconzo, Peggy Young Mr. Scarfo called the meeting to order at 6:15 p.m. 1. BOARD REPORTS, CONSIDERATIONS AND PURCHASES

A. Disclosure of Board of Trustee Training Hours

Mr. Scarfo read the following Disclosure of Board of Trustee Training Hours Report into the record:

Disclosure of Board of Trustee Training Hours The 74th session of the Texas Legislature requires “a course of training” for all school board members. On November 19, 2010, the State Board of Education adopted amendments to its rule on continuing education for school board members (19 Texas Administrative Code §61.1) requiring the information about the status of each Board Members’ continuing education be announce annually at the last board meeting in the calendar year. The purpose of this requirement is to prepare board members to work as a corporate body to govern and oversee the management of the District so that performance of all students will improve.

Tier 1 – Local District Orientation Orientation to the Texas Education Code

Update to the Texas Education Code

No training requirements to be met this year.

student

Approved

Tier 2 – 3 Hour Team Building

Humble ISD Board members: Mr. Scarfo, Mr. Sitton, Mr. Lapeze, Ms. Conrad, Mr. Cunningham, Mr. Engelage and Mr. Rushing have not completed the three hour of team-building requirement with the Superintendent, but this training is tentatively scheduled for March 2015 and due to the new requirement of reporting from January to December, the March meeting for this required training will meet the Board’s obligation for this year. The Board will also need to complete another team-building requirement in 2015 to meeting next year’s required training.

Tier 3 – At least 5 hours of Continuing Education Credits

Mr. Scarfo – Exceeded requirement Mr. Sitton – Exceeded requirement Mr. Lapeze – Exceeded requirement Ms. Conrad – Exceeded requirement Mr. Engelage – Exceeded requirement Mr. Cunningham – Exceeded requirement Mr. Rushing – Exceeded requirement

Following the report, the Board adjourned to Closed Session at 6:19 p.m. to work on the agenda Item as posted for this meeting: Board Building and Planning Committee will review/discuss:

New Campus Properties and Impacts

The Board reconvened to Open Session at 7:45 p.m. There being no further business, the meeting adjourned at 7:45 p.m. ______________________________ _________________________________ Secretary President Note: Copies of attachments and other documentation may be requested from Peggy Young in the Superintendent’s Office at 281-641-8001. Full documentation of the items considered by the Board may be viewed on the Humble ISD web site on the day following the Board meeting at www.humble.k12.tx.us.

1

Meeting Date: January 13, 2015

Meeting Type Regular Meeting Special Meeting/

Workshop Agenda Item Type

Action Item

Agenda Placement Governance Human Resources Department Superintendent’s Division Support Services Division Learning Division District-Wide Financial Services Division

District Pillars (Check All That Apply): Student Achievement – Prepare Students to be College and Career Ready Service – Provide Quality Service to Internal and External Customers People – Provide a Quality Work Environment So Every Employee can Perform at the

Highest Levels Finance – Create Efficiencies at All Levels of the Organization

Title: Interlocal Agreement for After-School Services at Lakeland Elementary

Consideration of Interlocal Agreement for After-School Services at Lakeland Elementary Superintendent’s Recommendation: The Superintendent recommends the Board of Trustees approve the revised Interlocal Agreement with Harris County Department of Education to provide after-school educational and recreational programs. Overview: Humble ISD was awarded an after-school grant from Harris County Department of Education in the amount of $35,000. This grant will provide after-school services to a minimum of 25 students at Lakeland Elementary for the 2014-2015 school year. The Humble ISD Board of Trustees approved the original version of this Interlocal Agreement at the October 14, 2015 board meeting. Harris County Department of Education has now revised the Interlocal Agreement to reflect the recent changes in their reimbursement model. Per the new Interlocal Agreement, payments will be based on a reimbursement model as opposed to the former student attendance model. In other words, reimbursement is not dependent on number of students served, but eligible expenditures to support language literacy and numeracy development as outlined in the Interlocal Agreement. Fiscal Impact Statement: In accordance with the attached interlocal agreement, HCDE will reimburse the District for eligible expenditures up to maximum of $35,000. Cost:

One-Time Multi-Year (Specify):

Board of Trustees Agenda Item

student

Approved

2

Funding Source: General Fund Bond Funds Fiscal Year: Grant Funds Other Funds Amendment Required? Yes No

Budgetary Codes:

Fund

Func. Object Sub-Obj.

Org. Prog. Activity Source Project

Attachments: Interlocal Agreement and Memorandum Prepared By: Jerri Monbaron Approved By: Jerri Monbaron Reviewed By: Dr. Guy Sconzo Date Submitted: December 17, 2014 11-11-14

INTERLOCAL AGREEMENT

BETWEEN

HARRIS COUNTY DEPARTMENT OF EDUCATION

AND

HUMBLE INDEPENDENT SCHOOL DISTRICT

Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, this Interlocal Agreement (“Agreement”) is entered into by and between Harris County Department of Education (“HCDE”) and Humble Independent School District (“District”) for the purpose of providing after-school educational program(s).

I. PURPOSE

The District agrees to provide an after-school program(s), which must include activities to support language literacy and numeracy development during out-of-school time hours ("after-school program(s)") to students four to twelve years of age or up to the age of 19 with a documented disability. Students meeting these age requirements are referred to herein as “eligible students.”

II. TERM

This Agreement shall be for the period beginning August 1, 2014 and ending August 31,

2015 and is subject to the receipt of sufficient funds from HCDE and the Texas Workforce Commission.

III. AFTER-SCHOOL PROGRAM DESCRIPTION and REQUIREMENTS

A. The District agrees to provide after-school program(s) to eligible students in accordance with all applicable local, state, and federal laws and regulations, including, without limitation, those promulgated by the Texas Workforce Commission (“TWC”) and/or Gulf Coast Local Workforce Board. The District agrees to secure licensing through the Texas Department of Family Protection Services or contract with a licensed provider by September 5, 2014. The District agrees to abide by all of the policies and procedures in the Center for Afterschool, Summer, Expanded Learning (CASE) Manual, which is incorporated by reference into this Agreement. The District agrees to abide by and comply with all policies, procedures, and requirements relating to Child Care and Development Funds. The District agrees to abide by all of the guidelines developed by HCDE in furtherance of this Agreement. The District agrees to start the program no later than September 15, 2014.

B. The District agrees to provide facilities and personnel necessary to provide quality improvement activities in the after-school program(s) to eligible students. The District will provide the after-school program(s) at the following school(s): Lakeland ES. Activities in the after-school program(s) will adhere to those approved and agreed upon in the District’s application form filed with HCDE.

1

C. The District will serve the number of students and operate the number of weeks, days and hours as outlined in the application filed with HCDE. The District agrees to inform HCDE of any changes in the hours of the after-school program(s), the ages of children served, holidays, the name of the contact person, or any other changes to the after-school program(s) at least three weeks prior to any changes through appropriate amendment forms.

D. The District agrees to affirm enrollment of students and provision of services by

completing a CASE registration form for each child enrolled in the after-school program. E. The District agrees to track and maintain daily attendance records for students

enrolled in programs. These records must be submitted to Center for Afterschool, Summer, and Expanded Learning (CASE) on by the 5th of each month, utilizing the online attendance system provided by Center for Afterschool, Summer, Expanded Learning.

F. The District agrees to expend funds received from HCDE for (1) quality improvement activities to enhance after-school program(s); and (2) service delivery, which shall include language literacy and numeracy development. Expenditures must result from activities allowable under applicable TWC rules, including TWC rule § 809.16. The District agrees to submit monthly certification of expenditure reports, certifying that (a) expenditures have resulted from activities allowable under applicable TWC rules, including TWC rule § 809.16, and (b) funds received from HCDE have been expended for (1) quality improvement activities to enhance after-school program(s); and (2) service delivery, which shall include language literacy and numeracy development. The District agrees to provide this certification on the form attached hereto as Exhibit B and other required information by the 15th of each month. The District shall maintain its records and accounts in a manner that shall assure a full accounting of all expenditures paid for with funds received from HCDE relating to this Agreement. These records and accounts shall be retained by the District and made available for audit by HCDE, the Texas Workforce Commission, Gulf Coast Local Workforce Board, and/or representative(s) of those entities for a period of not less than three (3) years after the expiration or termination of this Agreement. If an audit has been announced, the District shall retain its records and accounts until such audit has been completed.

G. The District acknowledges and agrees that it is solely responsible for all costs, wages, expenses, and fees associated with or arising from the operation of its after-school program(s).

H. The District agrees to cooperate with evaluation of the after-school program(s) by

providing such records as STAAR scores, grades, regular school day attendance, and conduct, for eligible students in the after-school program(s) to HCDE, as well as survey results, within a reasonable time after a request by HCDE.

I. The District may use the funds from HCDE to enhance existing after-school program(s), but the payments from HCDE should not replace funding for an existing after-school program(s).

J. The District agrees to obtain and assess criminal history record information for each employee or volunteer used in the after-school program(s) and to use only those persons fit to work with students.

K. The District will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101-336), The Health and Safety Code 2

Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition, the District agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code. These provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination.

L. The District will not discriminate against children with disabilities. The District

will also not discriminate against children with AIDS. The District will comply with the Health and Safety Code Section 85.113 by adopting and implementing HIV/AIDS workplace guidelines for employees and clients; by providing educational programs for employees and clients; and, by developing and implementing guidelines regarding confidentiality of HIV/AIDS related medical information for employees and clients served.

M. The District will comply with the requirements of The Immigration Reform and Control Act of 1986 regarding employment verification forms for any individuals hired on or after November 6, 1987, who will perform any labor or services under this agreement.

N. The District will comply with federal regulations in 45 CFR § 98.53 relating to

matching fund requirements and 45 CFR § 98.54 relating to restrictions on the use of funds.

IV. COMPENSATION AND FUNDING Subject to the following paragraph, HCDE will reimburse sites up to the individual grant award amount based on expenditures for (1) quality improvement activities to enhance after-school program(s); and (2) service delivery, which shall include language literacy and numeracy development. Certification of expenditures must be received by HCDE in accordance with Section III (E) and (F) in order to receive award funds for the entire project period.

HCDE will pay the District upon receipt of sufficient funds from the Texas Workforce Commission and as described herein. The District waives any statutory right to interest the District may have under Chapter 2251 of the Texas Government Code. In addition to the certification of expenditure reports required by Section III(F), the District shall also submit monthly invoices by the 15th of each month to HCDE in the amount of $3,500.00 for sites that are awarded a maximum of $35,000.00 or in the amount of $5,000.00 for sites that are awarded a maximum of $50,000.00. If HCDE determines, in its sole discretion, that any site of the District is out of compliance, HCDE may withhold funding for the month(s) that the site is out of compliance. For purposes of withholding funding, “out of compliance” means that the site is (1) not serving the required number of eligible students; (2) not operating the required number of weeks, days, or hours; (3) not providing language literacy and numeracy development activities in the after-school program; or (4) not complying with any provision of this Agreement or applicable law, rule, regulation, policy, or procedure.

School Service Delivery Maximum Award

Amount

Quality Improvement Activities

Maximum Award Amount

Total Award Amount

Lakeland Elementary $28,000 $7000 $35,000

3

Notwithstanding anything to the contrary in this Agreement, HCDE’s obligation to pay as stated above is expressly contingent upon HCDE receiving local, state, and/or federal funds ("funds") designated for child care services that are sufficient to satisfy all obligations to other Districts with which HCDE contracts to provide after-school programs. In the event HCDE does not receive those funds or sufficient funds, HCDE may terminate this Agreement and will not be responsible for paying the District the amount specified above or for any of the costs of the after-school program(s) provided by the District.

V. RELATIONSHIP

It is understood and agreed that the District is an independent contractor. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between HCDE and any employee or agent of the District. The Agreement does not create a joint venture or business partnership under Texas law.

The District is solely responsible for the supervision, daily direction and control, payment

of salary (including withholding of income taxes and social security), insurance, worker’s compensation, disability benefits and like requirements and obligations of District employees, agents, volunteers, and representatives. The District agrees that HCDE has no responsibility for any conduct of any District employee, agent, volunteer, or representative.

VI. STUDENT RECORDS

To the extent that HCDE will come into possession of the District's student records and

information, and to the extent that HCDE will be involved in the survey, analysis, or evaluation of students, incidental to this Agreement, HCDE agrees to comply with all applicable requirements of the Family Educational Rights and Privacy Act. In the event that the District or HCDE is in possession or custody of recorded information of the other party that is the subject of the Texas Public Information Act, the recorded information will be promptly provided to the other party upon request in the event the District or HCDE is obligated to disclose such information pursuant to the Public Information Act.

VII. TERMINATION

This Agreement may be terminated by either party without cause with thirty (30) days advance written notice. HCDE may by written notice at any time, terminate this Agreement if the District fails to comply with any provision of this Agreement. HCDE may also terminate this Agreement as provided in Section IV.

VIII. LOCAL FUNDS

Any local funds expended will be from current revenues available to the paying party.

IX. AUTHORIZATION

Each party acknowledges that this Agreement has been authorized by the governing body of each party to the Agreement. 4

X. NOTICE

Any notice provided under the terms of this Agreement by either party to the other shall be in writing and may be affected by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows:

Harris County Department of Education Attention: James Colbert, Jr., County School Superintendent 6300 Irvington Blvd. Houston, Texas 77022 Humble Independent School District Attention: Dr. Guy Sconzo 20200 Eastway Village Dr. Humble, Texas 77347

Each party may change the address at which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Article.

XI. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the

State of Texas.

XII. VENUE

The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Agreement shall be in Harris County, Texas.

XIII. ENTIRE AGREEMENT This Agreement, the RFP solicitation issued by HCDE, and the District’s

proposal/application submitted in response to HCDE’s RFP solicitation, and the attached and incorporated addendum or exhibits, if any, contain the entire agreement of the parties relative to the purpose(s) of the Agreement and supercede any other representations, agreements, arrangements, negotiations, or understanding, oral or written, between the parties to this Agreement. In the event of a conflict between this Agreement and the RFP solicitation issued by HCDE or the District’s proposal/application submitted in response to HCDE’s RFP solicitation, this Agreement shall control. In the event of a conflict between the RFP solicitation issued by HCDE and the District’s proposal/application submitted in response to HCDE’s RFP solicitation, HCDE’s RFP solicitation shall control.

XIV. AMENDMENT

This Agreement may be amended only by the mutual agreement of the parties, in writing,

to be attached to and incorporated in this Agreement.

5

XV. ASSIGNMENT

Neither this Agreement nor any duties or obligations under it shall be assignable by the District without the prior written acknowledgment and authorization of HCDE.

XVI. DEBARMENT AND SUSPENSION

Pursuant to 7 C.F.R. 3017, during any period in which a person is suspended, debarred, proposed for debarment, ineligible, or voluntarily excluded from eligibility for covered transactions by any Federal department or agency, that person shall be excluded from any and all work hereunder that is considered a covered transaction including, but not limited to, participation in any HCDE Program or purchase of any goods or services from HCDE. Generally, work that is expected to equal or exceed the Federal procurement small purchase threshold as defined in 7 C.F.R. 3017.110 (currently $100,000) is considered a covered transaction. With respect to work hereunder that is considered a covered transaction, the District agrees to comply with any and all requirements of 7 C.F.R. 3017 including, but not limited to, obtaining and/or providing the certification attached hereto as Exhibit A and providing immediate written notice upon discovery of any errors in a certification previously obtained and/or provided, as necessary for such compliance. The District acknowledges that, with respect to debarment and suspension, Federal law may impose additional, more specific, and/or more restrictive requirements for certain work hereunder that is considered a covered transaction; the District agrees to comply with any and all such requirements.

XVII. SEVERABILITY

In the event that any one or more of the provisions contained in this Agreement shall for

any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.

XVIII. BENEFIT FOR SIGNATORY PARTIES ONLY Neither this Agreement, nor any term or provision hereof, nor any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. Executed this ______ day of ___________________ of the year 2015. By _____________________________________________ James Colbert, Jr. County School Superintendent Harris County Department of Education Dr. Guy Sconzo Superintendent Humble Independent School District 6

Exhibit A

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions

I. Instructions for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the

certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed

when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 7 C.F.R. 1017.105. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

7

II. Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion—Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor

its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

[60 FR 33042, 33043, June 26, 1995] ________________________________________ _____________________ Signature Date

8

Exhibit B

HARRIS COUNTY DEPARTMENT OF EDUCATION

Certification of Expenditures Form

Date: District Contact: Email Address: Telephone #: ext.

Service Delivery Expenditures

Quality Improvement Expenditures

1

2

3

4

5

6

7

8

9

10

Total Certified Expenditures -$ -$

If necessary, use additional pages.

Certification of Expenditures

Quality Improvement -$ 40 TAC §809.16

Service Delivery -$ Period:

Total Expenditures -$

1. represent expenditures eligible for quality improvement activities as outlined in TWC rule § 809.16; 2. represent expenditures eligible for service delivery activities as outlined in TWC rule § 809.163. represent expenditures eligible for students between the ages of 4 - 12 or up to age 19 with a documented disability

$0

$0

-$

District:

Campus:

Funding Amount:

Month Period Total

$0

$0

$0

$0

$0

$0

$0

$0

Districts must use the provided Certification of Expenditures Form to certify that funds received through the CASE PartnershipProject Quality Improvement program have been expended in accordance with the current Interlocal Agreement and all applicablelocal, state, and federal laws and regulations, including, without limitation, those promulgated by HCDE, the Texas WorkforceCommission (“TWC”), and the Gulf Coast Local Workforce Board. This report certifies that (a) expenditures have resulted fromactivities allowable under applicable TWC rules, including TWC rule § 809.16, and (b) funds received from HCDE have beenexpended for (1) quality improvement activities in the after-school program(s); and (2) service delivery, including language literacyand numeracy development.

Please Print

Certified Funds

2014-2015 PARTNERSHIP PROJECT QUALITY IMPROVEMENT

The certified expenditures are to be used as matching funds to provide quality improvement and service delivery activities that are under applicable TWC rules, including TWC rule § 809.16. By signing below, the public entity named above certifies that the funds specified above:

The district shall provide immediate written notice to HCDE if at any time the district learns that this certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

Printed Name - District Representative Title

Signature - District Representative Date

9

Memorandum To: 2014-2015 Partnership Project Sites

From: Avice Chambers, Assistant Director of Programs

Date: December 4, 2014

Subject: Change in Reimbursement Model

Due to newly adopted state rules regarding the use of quality improvement funds (Reference 40 TAC 809.16) through the Texas Workforce Commission, CASE will be revising its current reimbursement model. The Partnership Project program is made possible through HCDE’s collaboration with the Texas Workforce commission and the Houston Endowment Inc. by leveraging local tax dollars to provide access to federal childcare dollars. In order to continue to provide students access to quality after school programs and meet state guidelines, it is necessary for CASE to revise its current reimbursement model to the 2014-2015 CASE for Kids Partnership Project sites. While interlocal award amounts will remain the same, the reimbursement model for the 2014-2015 CASE for Kids Partnership Project sites will be modified.

To incorporate the new guidelines, a new interlocal agreement has been created. Once approved by the district and HCDE board, the previous 2014-15 Partnership Project district interlocal agreement will be null. The major changes to the interlocal are detailed below:

District must agree to expend funds received from HCDE for (1) participation in the quality improvement coaching model and (2) service delivery, which shall include language literacy and numeracy development. The two categories are designed to represent different funding sources and all activities must be considered as allowable under applicable TWC rules, including TWC rule 809.16 (Section III(F)).

Districts will maintain expenditure records and accounts at the district level up to three years after the expiration of the interlocal agreement, Records must be made available for audit by HCDE, TWC, Gulf Coast Local Workforce Board and/or representative(s) of those entities (Section III(F)). While expenditure records will not be collected, a certification report must accompany invoices.

James Colbert, Jr. | County School Superintendent

6300 Irvington Boulevard Houston, Texas 77022 Tel: 713.694.6300 www.hcde-texas.org

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=20&ch=809&rl=16

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=20&ch=809&rl=16

District will submit monthly invoices by the 15th of each month to HCDE.

Payments will be based on a reimbursement model as opposed to the former student attendance model. Monthly invoices can be submitted to reimburse expenditures under the quality coaching and service delivery categories up to the allocated amounts in the interlocal agreement. CASE will have the sole discretion in withholding funds for month(s) that site is deemed out of compliance for grant requirements outlined in RFP solicitation application (Section IV).

Attached, you will find the new interlocal that reflects the new changes. The new interlocal agreement is effective for the entire grant year (August 1, 2014 – July 31, 2015). CASE staff will provide follow up guidance as well as sample template for district/campuses to submit invoices and certification reports. All documentation will need to be submitted retroactively for August through November 2014. For further clarification, please contact Avice Chambers at 713.696.1341 or [email protected]. Sincerely,

Avice Chambers Assistant Director of Programs CASE for Kids, Harris County Department of Education

James Colbert, Jr. | County School Superintendent

6300 Irvington Boulevard Houston, Texas 77022 Tel: 713.694.6300 www.hcde-texas.org

mailto:[email protected]

mailto:[email protected]

1




Action Item




Title: Purchases Exceeding $50,000 in the Aggregate

Consideration of Purchases Exceeding $50,000 in the Aggregate Specifically For Fire Alarm System Services Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to exceed $50,000 in the Aggregate Specifically for Fire Alarm System Services. By approving the selection of the vendor included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals. Overview: In accordance with Board Policy CH (LOCAL), purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more and/or single item purchases estimated at $25,000 or more must be submitted for Board approval before a transaction may take place. This applies to the purchase of goods, professional services, and non-construction services. Prior to the adopted changes in Board Policy CH (LOCAL) on August 12, 2014, a contract to Allied Fire Protection was approved in the amount of $120,000 under the State of Texas TxMAS Cooperative Contract. With the change in Board Policy (CH), District Administration is requesting approval for an additional $11,900 to be spent with Allied Fire Protection additional maintenance and repairs for an annual not to exceed amount of $131,900. This additional amount required for compliance with city regulations. Fiscal Impact Statement: Funding for this expenditure will be provided through the General Operating Funds within the Safe and Secure Department budgeted funds. Fiscal Year: 2014-15 Amendment Required? Yes No


student

Approved

2

Attachments: Listing of Purchases Exceeding New Thresholds Prepared By: Solomon Cook Approved By: Dr. Guy Sconzo Reviewed By: Dr. Guy Sconzo Date Submitted: January 8, 2015 11-11-14

Purchases Exceeding $50,000 in the Aggregate and/or $25,000 Individually A1 - Purchases Over $50K Annually or $25K IndividuallyPolice Department

Purchasing Method Type of Purchase Vendor Name Funding Source Budgetary Code(s) Length of Commitment

Requesting Campus/Department

Annual Not to Exceed Amount

State of Texas TxMAS Purchasing Cooperative

Fire alarm system services, maintenance, and repairs

Allied Fire Protection

General Fund 199-52-6299-F1-957-99-0000-957

1 year or less Police Department $131,900 (Includes $120,000 approved prior to change in Policy CH (LOCAL)

1




Action Item


District Goals (Check All That Apply): Student Achievement-College/Career Ready Safe/Nurturing School Environment Attract, Develop & Retain Staff Develop/Promote Positive Relations Accountability; Effective/Efficient Operations

Title: Exception to Elementary Class Size Limits Waiver


Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the Exception to Elementary Class Size Limits Waiver with the Texas Education Agency. Overview: The Texas Education Code 25.112 (d)-(e) states that the Commissioner may accept an application from a District to increase the class size limits of 22 students to one teacher, kindergarten through grade 4, if the limit works an undue hardship on the District. Humble ISD requests that student/teacher ratio in the specific schools and grade levels listed below be waived, not to exceed twenty-four (24) students. - Elm Grove Elementary, Grade 3 Humble ISD is experiencing unexpected growth at the elementary level which has caused the financial hardship due to state-mandated class size limits. Sixty percent (60%) of the elementary schools are currently over 100% of their individual projected enrollment, with 33% of those over 105%. Legal EEB of the District's Board Policy allows the Board of Trustees to approve this exception.


student

Approved

2

Fiscal Impact Statement: N/A Cost: NA


Funding Source:

General Fund Bond Funds Fiscal Year: Grant Funds Other Funds Amendment Required? Yes No

Budgetary Codes:

Fund



Attachments: None Prepared By: Deborah A Yocham, Cathy Airola Approved By: Dr. Thomas Price Reviewed By: Dr. Thomas Price Date Submitted: December 8, 2014 9-01-14

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Action Item





Consideration of Purchases Exceeding $50,000 in the Aggregate Specifically For NRG Park for the 2015 Graduations Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the listing of purchases of services that are estimated to aggregate to a value of $50,000 or more for the 2014-15 fiscal year specifically for Rental Fees Associated with NRG Park for the 2015 Graduations. By approving the selection of the vendors included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the services to the District without the need to return to the Board for any further authorization or approvals. Overview: In accordance with Board Policy CH LOCAL, purchases of services that are estimated to aggregate to a value of $50,000 or more must be submitted for Board approval before a transaction may take place. This applies to the purchase of goods, professional services, and non-construction services. Humble ISD will contract with NRG Park for the 2015 Graduations for Atascocita, Kingwood and Summer Creek High Schools. The original date scheduled for all of the high school graduations was changed due to a scheduling conflict at NRG Park. The location for Humble High and Kingwood Park High Schools Graduations was moved to another location. Fiscal Impact Statement: Funding for this expenditure will be provided from the 2014-2015 General Fund Budget. The expenditures are not anticipated to exceed $73,500. Fiscal Year: 2014-2015 Amendment Required? Yes No Attachments: Listing of Purchases Exceeding the Thresholds – Attachment 1


student

Approved

2

License Agreement for the 2015 Graduations- Attachment 2 NRG Park Exhibit A – Attachment 3 NRG Park Exhibit B – Attachment 4 Prepared By: Trey Kraemer Approved By: Dr. Thomas Price Reviewed By: Dr. Thomas Price Date Submitted: December 18, 2014 11-11-14

Purchases Exceeding $50,000 in the Aggregate and/or $25,000 Individually A1 - Purchases Over $50K Annually or $25K Individuallyxxxxxxx Division

Attachment 1Purchasing Method Type of Purchase Vendor Name Funding Source Budgetary Code(s) Length of

CommitmentRequesting

Campus/DepartmentAnnual Not to Exceed

AmountNon‐Biddable Rental of Facilities NRG

General Funds

199-11-6269-GR-002-11-0000-810-GF1

2014‐2015Assistant Superintendent

of High Schools$73,500

199-11-6269-GR-008-11-0000

810-GF1

199-11-6269-GR-014-11-0000

810-GF1

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LICENSE AGREEMENT #2014-0223

For NRG PARK

THIS LICENSE AGREEMENT (together with the Exhibits attached hereto, the “Agreement”) is dated as of the 5th day of December, 2014 by and between SMG (the “Licensor” and/or “SMG”), with an address at One NRG Park, Houston, TX 77054, and Humble Independent School District (the “Licensee”), whose current address is 20200 Eastway Village Dr., Humble TX 77347.

BACKGROUND

SMG is the manager of a facility commonly known as NRG Park (the “Facility”), located in Houston, Texas,

which is owned by Harris County (the “Owner”) and leased to the Harris County Sports & Convention

Corporation (“HCSCC”), who in turn hired SMG to run the day to day operations of the Facility. Licensee desires to use all or a portion of the Facility, as set forth below, for the purposes stated herein. Accordingly, SMG desires to grant to Licensee, and Licensee hereby accepts from SMG, a license to use certain areas of the Facility in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants, and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows:

1. Use of the Facility.

(a) SMG hereby grants Licensee, upon the terms and conditions hereinafter expressed, a license to use those areas of the Facility described on Exhibit A attached hereto (the “Authorized Areas”), including all improvements, furniture, fixtures, easements, rights of ingress and egress, and appurtenances thereto, during the dates and times set forth on Exhibit A (each such date and time, an “Event”). It is expressly understood by the parties hereto that the Facility shall be vacated by Licensee and all persons participating in or attending an Event hereunder on or prior to the end-time of each License Term. Licensee shall arrange to have all Events and activities related thereto cease within a reasonable time prior to the Expiration Time to allow ample time for the Facility to be completely vacated on or prior to the Expiration Time.

(b) In the event Licensee desires to use the Authorized Areas or any other portion of the Facility at any time other than during the dates and times delineated on Exhibit A, Licensee shall request from SMG prior written permission to use such areas of the Facility. In the event such permission is granted, Licensee shall pay as additional rent an amount equal to the sum of SMG’s actual costs for performing its obligations under this Agreement during the date(s) and time(s) requested, and a fee in an amount determined by SMG to represent a fair value for use of such additional areas of the Facility during such date(s) and time(s).

(c) Licensee acknowledges that, in connection with SMG’s management and operation of the Facility, SMG utilizes the services of certain third-party independent contractors (the “Third-Party Contractors”). Licensee hereby agrees that SMG shall not be responsible in any way for the acts and/or omissions of any one or all of the Third-Party Contractors, including, without limitation, any ticket agency used by SMG in connection with sale of tickets for any Event.

Attachment 2

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(d) Licensee acknowledges that the Facility is a planned complex that includes, without limitation, NRG Astrodome, NRG Stadium, NRG Center, and NRG Arena (such other non-Facility areas are collectively referred to herein as “NRG Park”). Licensee further acknowledges that SMG will use reasonable efforts to minimize for Licensee any inconvenience or disturbance which may result from the operation, construction, expansion, renovation, and/or other use of the complex, to the extent that the foregoing activities are within SMG’s reasonable control. Licensee hereby agrees to hold SMG, HCSCC and Harris County and their respective officers, directors, agents, and employees harmless from and against any and all losses, liabilities, claims, damages, and expenses (including reasonable costs of investigation and attorneys’ fees) (collectively, the “Losses”) arising out of any of the foregoing activities occurring at NRG Park, except as arising out of such parties’ gross negligence or intentional acts. This hold harmless provision applies to the extent that it reinforces existing obligations of Licensee under applicable law, but does not expand or increase the scope of liability of Licensee.

(e) Floor Plans and Descriptions. (i) Upon request and at least eight (8) weeks prior to the Event, Licensee shall provide to SMG, for SMG’s and the City of Houston Fire Marshal’s approval, five (5) copies of a full and complete floor plan for the Event, and if requested, furnish a description of all electrical, communications systems, and plumbing work anticipated to be needed for the Event. Based upon a review by SMG and such Fire Marshal of the foregoing materials, SMG may request Licensee, by written notice within ten (10) days after receiving the materials, to make such changes, deletions, and/or additions as SMG may, in its reasonable discretion, deem necessary or desirable. Failure by Licensee to make any such reasonable changes, deletions, or additions within seven (7) days after receipt of written notice thereof shall constitute a breach of this Agreement.

(ii) At least eight (8) weeks prior to the first Event, Licensee shall provide to SMG, for SMG’s review (and/or the review of any consultant or representative engaged by SMG), five (5) copies of a full and complete description of all set-up (including, without limitation, any staging, lighting, video boards, and/or rigging from or to the physical structure of the Facility or any fixture thereto required for the Event), electrical, communications systems, and plumbing work anticipated to be needed for the Event.

(iii) At least four (4) weeks prior to each Event, Licensee shall provide to SMG information relating to room or hall set-up(s), staging, event personnel requirements, and food and beverage requirements.

(iv) LICENSEE SHALL BE SOLELY LIABLE FOR ANY AND ALL

LOSSES ARISING FROM LICENSEE’S FAILURE TO DELIVER TO SMG THE MATERIALS

DESCRIBED IN SUBPARAGRAPHS (i), (ii) AND (iii) OF THIS SECTION 1(e) WITHIN THE

SPECIFIED TIME PERIODS, INCLUDING, WITHOUT LIMITATION, OVERTIME PAY AND

SHORT-NOTICE DELIVERY FEES.

(v) PRIOR TO ANY USE OF OPEN FLAMES, CANDLES, OR

PYROTECHNICS AT THE FACILITY, PROVIDER MUST OBTAIN, (A) THE APPLICABLE

PERMITS FROM THE CITY OF HOUSTON FIRE MARSHAL FOR SUCH USE, AND (B)

APPROVAL FROM SMG IN SMG’S SOLE DISCRETION.

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2. Purpose. (a) The Facility is to be used solely for the purpose of conducting Graduation Ceremonies

for Humble Independent School District. Licensee shall not use the Facility, or permit the Facility to be used by any of its officers, directors, agents, employees, licensees, or invitees, for any unlawful or immoral purpose or in any manner so as to injure persons or property in, on, or near the Facility.

(b) TO THE EXTENT PERMITTED BY LAW AND WITHOUT WAIVING ANY

IMMUNITIES UNDER TEXAS LAW, LICENSEE SHALL BE SOLELY LIABLE FOR ANY AND

ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES (INCLUDING

REASONABLE COSTS OF INVESTIGATION AND ATTORNEYS’ FEES) (COLLECTIVELY,

THE “LOSSES”) OCCURRING AT THE FACILITY (WHETHER WITHIN OR WITHOUT AN

AUTHORIZED AREA) CAUSED TO SMG, HCSCC, HARRIS COUNTY AND/OR PERSONS

AND/OR PROPERTY IN, ON, OR NEAR THE FACILITY BEFORE, DURING, OR AFTER AN

EVENT, BY (I) LICENSEE’S FAILURE TO COMPLY WITH ANY AND ALL FEDERAL, STATE,

FOREIGN, LOCAL, AND MUNICIPAL REGULATIONS, ORDINANCES, STATUTES, RULES,

LAWS, CONSTITUTIONAL PROVISIONS, AND COMMON LAWS (COLLECTIVELY, THE

“LAWS”) APPLICABLE TO LICENSEE’S PERFORMANCE OF THIS AGREEMENT AND/OR

ACTIVITIES AT THE FACILITY, (II) ANY UNLAWFUL ACTS ON THE PART OF LICENSEE

OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES,

OR INVITEES, (III) THE NEGLIGENT ACTS, ERRORS AND/OR OMISSIONS OR THE

WILLFUL MISCONDUCT OF LICENSEE OR ITS OFFICERS, DIRECTORS, AGENTS,

EMPLOYEES, SUBCONTRACTORS, LICENSEES, OR INVITEES, (IV) THE MATERIAL

BREACH OR DEFAULT BY LICENSEE OR ITS OFFICERS, DIRECTORS, AGENTS, OR

EMPLOYEES OF ANY PROVISIONS OF THIS AGREEMENT, INCLUDING, WITHOUT

LIMITATION, THE PROVISIONS OF SECTION 14(m) HEREOF (RELATING TO

INTELLECTUAL PROPERTY MATTERS), SECTION 15 HEREOF (RELATING TO THE CIVIL

RIGHTS ACT), AND SECTION 16 HEREOF (RELATING TO THE AMERICANS WITH

DISABILITIES ACT), OR (V) ANY AND ALL RIGGING FROM OR TO THE PHYSICAL

STRUCTURE OF THE FACILITY OR ANY FIXTURE THERETO, SET-UP, ALTERATIONS,

AND/OR IMPROVEMENTS AT OR TO THE FACILITY NECESSITATED BY AND/OR

PERFORMED WITH RESPECT TO THE EVENT.

(c) Licensee shall conduct business in the Facility in a dignified and orderly manner with full regard for public safety and in conformity with SMG’s General Rules and Regulations (Exhibit C attached hereto) , including fire and safety rules as required by SMG and/or local fire regulations, as such may exist from time to time. Without limiting the foregoing, Licensee shall obtain prior written approval from SMG’s General Manager at the Facility for any pyrotechnic displays which Licensee anticipates may be performed at the Facility during the term of this Agreement. Licensee agrees that it will not allow any officer, agent, employee, licensee or invitee at, in or about the Facility who shall, upon reasonable, non-discriminatory grounds, be objected to by SMG and such person’s right to use the Facility may be revoked immediately by SMG.

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3. Condition of Facility.

(a) Licensee acknowledges that Licensee has inspected the Facility, and that Licensee is satisfied with and has accepted the Facility in its present condition.

(b) SMG shall have the continuing obligation and responsibility to maintain and keep the

Facility in good order and repair, normal wear and tear excepted; provided, however, that (i) the failure by SMG to accomplish the foregoing, said failure resulting from circumstances beyond the control of SMG, shall not be considered a breach of this Agreement by SMG, and (ii) any damages to the Facility and its appurtenances caused by Licensee or its officers, directors, agents, employees, licensees, or invitees shall be paid for by Licensee at the actual or estimated cost of repair.

(c) Licensee shall not make any alterations or improvements to the Facility without the

prior written consent of SMG. Any alterations or improvements of whatever nature made or placed by Licensee to or on the Facility, except movable trade fixtures, shall, at the option of SMG, (i) be removed by Licensee, at Licensee’s expense, immediately upon the conclusion of the Event, or (ii) become the property of SMG or HCSCC. 4. Term of License. The license granted in Section 1 above will be effective as of the date and time set forth on Exhibit A “License Term” and will continue in effect, unless earlier terminated as set forth in Section 12, until the date and time set forth on Exhibit A. 5. License Fee and Reimbursable Service Expenses. In consideration of the grant of the license in Section 1 above, Licensee shall pay to SMG a license fee and shall reimburse SMG for certain service expenditures, all as calculated in accordance with the provisions set forth below and in accordance with generally accepted accounting principles, consistently applied:

(a) License Fee. Licensee shall pay a license fee as stated in Exhibit A attached herein (the “License Fee”).

(b) Merchandising Fee. Not applicable. (c) Broadcast Fee. Not applicable. (d) Reimbursable Service Expenses.

(i) SMG shall provide, as required for each Event, the following services (collectively, the “Services”), the expenditures for which are reimbursable by Licensee to SMG (“Reimbursable Service Expenses”): video production, ticket takers, box office services, ticket seller labor, all credit card fees, ushers, supervisors, and receptionists; medical services for Event attendees, which services shall include ambulances, doctors, nurses, operations, supervisors, and paramedics; food and beverage services; security personnel; utilities, including electricity, gas, lighting, water, heating, ventilating, air conditioning, hot and cold water facilities, and waste removal services; electricians and mechanical plant staff; custodial services; and special facilities, equipment and materials, or extra services furnished by SMG at the request of Licensee which are set forth on Exhibit B. In the event Licensee is a tax exempt entity, Licensee acknowledges and understands that any tax charged SMG by SMG’s subcontractors is an expense to SMG and shall be reimbursed to SMG by Licensee as SMG is not a tax exempt entity.

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(ii) SMG shall determine the level of staffing for such Services at each Event after consultation with, and input from, Licensee. Licensee acknowledges and understands that many of the Services are contracted services, the costs of which are subject to change. Licensee shall reimburse SMG for actual costs incurred by SMG in connection with the Services as provided in Section 6 below.

(i) Complimentary Tickets. Not applicable.

6. Payment Terms.

(a) License Fee. The License Fee set forth in Section 5(a) of this Agreement shall be paid by Licensee as provided in Exhibit A attached hereto.

(b) Reimbursable Service Expenses. SMG shall deliver to Licensee an expense report estimate (“Reimbursable Estimate”), setting forth SMG’s estimate of all expenses which SMG will incur in connection with the services. Within thirty (30) calendar days of Licensee’s receipt of such Reimbursable Estimate, Licensee shall pay to SMG the total estimated expenses for the Services reflected in the Reimbursable Estimate. On or about fifteen (15) days after the conclusion of an Event, SMG shall deliver to Licensee an expense report setting forth the expenses actually incurred by SMG for the Services (“Actual Expense Report”). The Actual Expense Report is as much a part of this Agreement as if it were attached hereto. In the event the amount reflected in the Actual Expense Report exceeds the amount reflected in the Expense Report Estimate, Licensee shall promptly pay to SMG the amount of the excess. Notwithstanding anything to the contrary set forth in this Agreement, SMG’s failure to deliver either the Expense Report Estimate or the Actual Expense Report shall not excuse Licensee’s obligation to pay any amounts due hereunder.

(c) Late Charges. If Licensee fails to pay any amounts when due under this Agreement, Licensee shall pay to SMG a late charge of 1.5% per month on the unpaid balance or the interest rate mandated by Texas law, if different.

(d) Deposit Schedule. In order to ensure the payment to SMG of the License Fee and the

Reimbursable Service Expenses, and any other amounts as may accrue from time to time under this Agreement, Licensee shall deliver into the custody of SMG, A CERTIFIED CHECK PAYABLE TO NRG

PARK, or other security acceptable to SMG (no credit cards), in the amount set forth in Exhibit A. The remedy provided under this Section 6(d) shall be non-exclusive and shall be in addition to any other remedy available to SMG in this Agreement or in law or equity.

7. Revenues and Costs. SMG shall retain one hundred percent (100%) of all revenues generated in connection with parking lot fees and the sale of food and beverages at the Facility. In addition to payment of the Reimbursable Service Expenses above, Licensee shall bear all expenses incurred by Licensee in connection with the holding of an Event at the Facility, including, but not limited to, all costs arising from the use of patented, trademarked, or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of an Event.

8. Records, Reports, and Audits. (APPLICABLE ONLY IF LICENSEE IS COLLECTING REVENUES) (a) Records. Licensee shall maintain accurate books and records with respect to its activities at the Facility, including, but not limited to, the costs and revenues of each Event and exhibit space utilized. Licensee shall keep and preserve such books and records at all times during the term of this

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Agreement and for at least three (3) years following the expiration or termination hereof and Licensor hereby retains the right to review such records as may be required. (b) Reports. Not applicable.. (c) Audits. Licensee shall give SMG and its representatives access to the books and records Licensee maintains pursuant to Section 8(a) above at any time when so requested by SMG. Licensee shall also provide, at Licensee’s own expense, a copy of any such book or record upon request. To the extent that any Statement prepared by Licensee has become contestable, SMG shall have the right to cause nationally recognized independent auditors to audit all of the books and records of Licensee relating to such Statement. If any such audit demonstrates that the revenues or expenses reflected in any Statement are understated (in the case of revenues) or overstated (in the case of expenses), in either case by more than five percent (5%), Licensee shall pay to SMG the reasonable cost of such audit. In any event, Licensee shall promptly pay to SMG the portion of any License Fee due to SMG as a consequence of such overstatement or understatement. 9. Taxes.

(a) General. SMG shall not be liable for the payment of taxes, late charges, or penalties of any nature relating to any Event or any revenue received by, or payments made to, Licensee in respect of any Event, except as otherwise provided by law. Licensee shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, damages, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature, and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a lien or charge against this Agreement or any other improvements now or hereafter owned by Licensee for which Licensee would not and/or is not otherwise exempt.

(b) Nonresident Alien Entertainers & Performers. (THIS SECTION IS APPLICABLE ONLY IF

NONRESIDENT ALIEN ENTERTAINERS OR PERFORMERS ARE APPEARING OR PERFORMING IN THE EVENT) Internal Revenue Service regulations provide that any U.S. or foreign person (including corporations and other entities) that has control, receipt, custody, disposal or payment of any item of income of a foreign person is subject to withholding. SMG is a withholding agent because it has control over amounts of income earned by or for the benefit of the nonresident alien entertainer or performer as compensation for appearing or performing in the Event. As such, SMG is required to withhold thirty percent (30%) of any amount paid to or for the benefit of the nonresident alien entertainer or performer and deposit that amount with the United States Treasury. Furthermore, the IRS views U.S. individuals (including corporations and other entities) contracting with SMG for events in which nonresident alien entertainers or performers appear or perform as acting as an agent of the nonresident alien entertainer or performer. Thus, in the event that the Event features appearances or performances by nonresident alien entertainers or performers, SMG must withhold thirty percent (30%) of the amount due Licensee under this Agreement, which Licensee understands, acknowledges and agrees to. 10. Insurance.

(a) Licensee shall, at its own expense, secure and deliver to SMG not less than thirty (30) days prior to the commencement of this Agreement and shall keep in force at all times during the term of this Agreement:

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(i) Commercial general liability insurance including: (1) premises/operations, (2) broad form contractual, and (3) personal/bodily injury. This general liability insurance shall include limits of liability of not less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage and $2,000,000 general aggregate coverage.

(ii) Commercial automobile liability insurance for all owned, non-owned and hired vehicles with limits of not less than $1,000,000.00 combined single limit for bodily injury and property damage.

(iii) Worker's compensation insurance for Licensee's employees with statutory limits of liability.

(iv) Commercial umbrella liability insurance with limits of not less than $1,000,000 per occurrence.

(b) The following shall apply to the insurance policies described in clauses (i), (ii) and (iv) above:

(i) SMG, HCSCC and Owner shall be named as additional insureds thereunder. Not less than thirty (30) days prior to the move-in date set forth on Exhibit A, Licensee shall deliver to SMG certificates of insurance evidencing the existence thereof, all in such form as SMG may reasonably require. Each such policy or certificate shall contain a valid provision or endorsement stating, “This policy will not be canceled or materially changed or altered without first giving thirty (30) days’ written notice thereof to each of SMG, Risk Management Director, 300 Four Falls Corporate Center, 300 Conshohocken State Road, West Conshohocken, PA 19428, and HCSCC, One NRG Park, Houston, TX 77054.” If any of the insurance policies covered by the foregoing certificates of insurance will expire prior to or during the time of an Event, Licensee shall deliver to SMG at least 30 (thirty) days prior to such expiration a certificate of insurance evidencing the renewal of such policy or policies.

(ii) The coverage provided under such policies shall be occurrence-based, not

claims made. (iii) Licensee hereby acknowledges that the coverage limits contained in any policy,

whether such limits are per occurrence or in the aggregate, shall in no way limit the liabilities or obligations of Licensee under this Agreement, including, without limitation, Licensee’s indemnification obligations under Section 11 below.

(c) The terms of all insurance policies referred to in this Section 10 shall preclude

subrogation claims against SMG, HCSCC and Owner and their respective officers, directors, employees, and agents.

(d) Licensee’s failure to obtain or maintain the insurance required herein shall be a breach

of this Agreement and, notwithstanding any cure period set forth in Section 12 below, may in the sole discretion of SMG, result in termination of this Agreement.

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11. INDEMNIFICATION.

(a) TO THE EXTENT PERMITTED BY TEXAS LAW, LICENSEE SHALL

INDEMNIFY, DEFEND, AND HOLD HARMLESS SMG, HCSCC, OWNER, AND THEIR

RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (THE “SMG

INDEMNITEES”) FROM AND AGAINST ANY AND ALL LOSSES ARISING FROM (I) THE

MATTERS DESCRIBED IN SECTION 1(e)(iv) HEREOF, (II) THE MATTERS DESCRIBED IN

SECTION 2(b) HEREOF, (III) BODILY INJURY TO PERSONS, UP TO AND INCLUDING

DEATH, CAUSED BY THE ACTS, ERRORS, AND/OR OMISSIONS OR THE WILLFUL

MISCONDUCT OF LICENSEE OR ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES OR

SUBCONTRACTORS, (IV) DAMAGE TO PROPERTY CAUSED BY THE ACTS, ERRORS,

AND/OR OMISSIONS OR THE WILLFUL MISCONDUCT OF LICENSEE OR ITS OFFICERS,

AGENTS, EMPLOYEES, INVITEES OR SUBCONTRACTORS, AND/OR (V) THE MATERIAL

BREACH OR DEFAULT BY LICENSEE OF THIS AGREEMENT.

(b) The provisions set forth in subparagraph (a) above shall survive termination of this

Agreement. 12. Default, Termination and Other Remedies.

(a) Default. Licensee shall be in default under this Agreement if any of the following occur: (i) Licensee fails (A) to pay any amount due hereunder (including, without limitation, the License Fee or the Reimbursable Service Expenses) when the same are required to be paid hereunder or (B) to provide the security required under Section 6(d) hereof by the date when due, (ii) Licensee or any of its officers, directors, employees or agents fails to perform or fulfill any other term, covenant, or condition contained in this Agreement and Licensee fails to commence a cure thereof within five (5) business days after Licensee has been served with written notice of such default, or (iii) Licensee makes a general assignment for the benefit of creditors, (iv) Licensee causes or permits any waste or damage to be done to the Facility, or any part thereof, (v) Licensee is adjudicated bankrupt or an involuntary petition in bankruptcy is filed against it or any of its properties is seized upon levy or execution, or (vi) a dispute occurs between Licensee and its employees or between Licensee and any union or group of employees by reason of the union affiliation or lack of union affiliation of persons employed by Licensee or any one with whom Licensee contracts. SMG shall be in default under this Agreement if SMG fails to perform or fulfill any term, covenant, or condition contained in this Agreement and SMG fails to commence a cure thereof within five (5) business days after SMG has been served with written notice of such default. Nothing herein shall be construed as excusing either party from diligently commencing and pursuing a cure within a lesser time if reasonably possible. Notwithstanding clause (ii) above, if the breach by Licensee or any of its officers, directors, employees, or agents of such other term, covenant, or condition is such that it threatens the health, welfare, or safety of any person or property, then SMG may, in its discretion, require that such breach be cured in less than five (5) business days or immediately.

(b) Termination. Upon a default pursuant to Section 12(a) hereof, the nonbreaching party may, at its option, upon written notice or demand upon the other party, cancel and terminate the license granted in Section 1 hereof and the obligations of the parties with respect thereto. In addition to the foregoing, if Licensee fails to comply with any of the provisions of this Agreement, SMG may, in its sole discretion, delay and/or withhold payment and/or settlement of all accounts and funds related to monies collected or received by SMG for the benefit of Licensee hereunder until the completion of an investigation relating to such violation.

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(c) Injunctive Relief. In addition to any other remedy available at law, equity, or otherwise, SMG shall have the right to seek to enjoin any breach or threatened breach and/or obtain specific performance of this Agreement by Licensee upon meeting its burden of proof of such breach or threatened breach as required by applicable statute or rule of law. (d) Unique Qualities. The parties agree and acknowledge that the Licensee is a unique entity and, therefore, the rights and benefits that will accrue to SMG by reason of this Agreement are unique and that SMG may not be adequately compensated in money damages for Licensee’s failure to comply with the material obligations of Licensee under this Agreement and that therefore SMG, at its option, shall have the right to pursue any remedy available at law, equity, or otherwise, including the recovery of money damages and/or the right to seek equitable relief (whether it be injunctive relief, specific performance or otherwise) in the event that Licensee violates its obligation to hold an Event at the Facility. 13. Representations and Warranties. Each party hereby represents and warrants to the other party, and agrees as follows:

(a) It has the full power and authority to enter into this Agreement and perform each of its obligations hereunder;

(b) It is legally authorized and has obtained all necessary regulatory approvals for

the execution, delivery, and performance of this Agreement; and

(c) No litigation or pending or threatened claims of litigation exist which do or might adversely affect its ability to fully perform its obligations hereunder or the rights granted by it to the other party under this Agreement. 14. Covenants. Licensee hereby covenants as follows:

(a) Licensee shall not occupy or use the Facility except as provided in this Agreement.

(b) Licensee shall comply with all legal requirements which arise in respect of the Facility and the use and occupation thereof.

(c) Licensee shall not cause or permit any Hazardous Material to be used, stored, or generated on, or transported to and from the Facility. “Hazardous Material” shall mean, without limitation, those substances included within the definitions of “hazardous substances”, “hazardous materials”, “toxic substances”, or “solid waste” in any applicable state or federal environmental law.

(d) Licensee shall not advertise, paint, post, or exhibit, nor allow to be advertised, painted, posted, or exhibited, signs, advertisements, show bills, lithographs, posters, or cards of any description inside or outside or on any part of the Facility except upon written permission of SMG.

(e) Licensee shall not broadcast by television or radio any Event scheduled to be presented

in the Facility under the terms of this Agreement without the prior written approval of SMG. If approval is granted by SMG, then all monies received from such broadcast will be considered as broadcast revenues for the purpose of determining the Broadcast Fee due to SMG.

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(f) Licensee shall not cause or permit beer, wine, or liquors of any kind to be sold, given away, or used upon the Facility except upon prior written permission of SMG.

(g) Licensee shall not operate any equipment or materials belonging to SMG without the prior written approval of SMG.

(h) Licensee, its officers, directors, employees, agents, members, or other representatives shall not “scalp” tickets for an Event, to the extent applicable. Licensee and its representatives shall provide assistance to SMG in its efforts to control and prevent such ticket (scalping).

(i) No portion of any passageway or exit shall be blocked or obstructed in any manner whatsoever, and no exit door or any exit shall be locked, blocked, or bolted while the Facility is in use. Moreover, all designated exitways shall be maintained in such manner as to be visible at all times.

(j) If the Licensee Fee includes a percentage of revenue generated from an Event, then no collections, whether for charity or otherwise, shall be made, attempted, or announced at the Facility, without first having made a written request and received the prior written consent of SMG. In such event, donations or collections are granted by SMG in lieu of an admission ticket, then all such monies received from such collections or donations will be considered as ticket revenues for the purpose of determining the License Fee due to SMG.

(k) Licensee shall abide by and conform to all rules and regulations adopted or prescribed by SMG as described in Exhibit C (attached hereto) a copy of which has been provided to Licensee and or terms of which are incorporated by reference herein.

(l) Licensee shall not encumber, hypothecate, or otherwise use as security its interests in this Agreement for any purpose whatsoever without the express written consent of SMG.

(m) WITH RESPECT TO ANY EVENT AT THE FACILITY, LICENSEE SHALL

COMPLY FULLY WITH ANY AND ALL FEDERAL, STATE, FOREIGN, LOCAL, AND

MUNICIPAL INTELLECTUAL PROPERTY STATUTES, LAWS, REGULATIONS,

ORDINANCES, RULES, CONSTITUTIONAL PROVISIONS, COMMON LAWS, AND RIGHTS OF

OTHERS IN ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS

APPLICABLE TO LICENSEE’S ACTIVITIES AT THE FACILITY, INCLUDING, WITHOUT

LIMITATION, COMPLIANCE WITH ANY LICENSES FOR THE USE OF MUSICAL WORKS

AND OTHER MATTERS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS OF OTHERS.

SPECIFIED RENT DOES NOT INCLUDE COPYRIGHT, ROYALTY OR INTELLECTUAL

PROPERTY FEES PAYABLE TO THIRD PARTIES. LICENSEE SPECIFICALLY TAKES

RESPONSIBILITY FOR REPORTING AND REMITTANCE OF SUCH FEES TO APPROPRIATE

LICENSING AGENCIES, INCLUDING BUT NOT LIMITED TO ASCAP, BMI, OR SESAC. TO

THE EXTENT PERMITTED BY TEXAS LAW, LICENSEE SHALL INDEMNIFY, DEFEND AND

HOLD OPERATOR AND ALL OTHER INDEMNITEES DESIGNATED IN PARAGRAPH 10.b.(i)

OF THIS AGREEMENT HARMLESS FROM ANY LIABILITY, CLAIMS OR COSTS,

INCLUDING ATTORNEY’S FEES, ARISING FROM THE USE OF ANY SUCH PROTECTED

MATERIALS OR SUCH CLAIMS OF INFRINGEMENT OR VIOLATION OF THE RIGHTS OF

THE HCSCC AND HARRIS COUNTY.

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(n) Licensee shall not engage in the sale and/or distribution of food and/or beverages at the Facility.

(o) Licensee, its officers, directors, agents, employees, subcontractors, licensees and invitees shall not engage in the sale and/or distribution of promotional materials or advertising materials at the Facility without the consent of SMG. All promotional materials and advertising materials must not conflict with NRG Park’s sponsors.

(p) Licensee acknowledges and understands that SMG’s sponsors, subcontractors and licensees advertise at the Facility using various methods including but not limited to signage, kiosks, displays and interactive methods and that such activities are not a breach of this Agreement. Notwithstanding the foregoing, no interactive methods of advertising shall be conducted in the Authorized Areas during Licensee’s Event.

15. CIVIL RIGHTS ACT. DURING THE PERFORMANCE OF THIS AGREEMENT,

LICENSEE SHALL COMPLY FULLY WITH TITLE VI AND TITLE VII OF THE CIVIL RIGHTS

ACT OF 1964, AS AMENDED, AND ALL OTHER REGULATIONS PROMULGATED

THEREUNDER, IN ADDITION TO ALL APPLICABLE STATE AND LOCAL ORDINANCES

CONCERNING CIVIL RIGHTS.

16. AMERICANS WITH DISABILITIES ACT. WITH RESPECT TO ANY EVENT AT

THE FACILITY, LICENSEE RECOGNIZES THAT IT IS SUBJECT TO THE PROVISIONS OF

TITLE III OF THE AMERICANS WITH DISABILITIES ACT, AS AMENDED (“ADA”).

LICENSEE REPRESENTS THAT IT HAS VIEWED OR OTHERWISE APPRISED ITSELF OF

THE ACCESS INTO THE FACILITY, TOGETHER WITH THE COMMON AREAS INSIDE, AND

ACCEPTS SUCH ACCESS, COMMON AREAS, AND OTHER CONDITIONS OF THE FACILITY

AS ADEQUATE FOR LICENSEE’S RESPONSIBILITIES UNDER THE ADA. LICENSEE SHALL

BE RESPONSIBLE FOR ENSURING THAT THE FACILITY COMPLIES AND CONTINUES TO

COMPLY IN ALL RESPECTS WITH THE ADA, INCLUDING ACCESSIBILITY, USABILITY,

AND CONFIGURATION INSOFAR AS LICENSEE MODIFIES, REARRANGES OR SETS UP IN

THE FACILITY IN ORDER TO ACCOMMODATE LICENSEE’S USAGE. LICENSEE SHALL BE

RESPONSIBLE FOR ANY VIOLATIONS OF THE ADA THAT ARISE FROM LICENSEE’S

RECONFIGURATION OF THE SEATING AREAS OR MODIFICATION OF OTHER PORTIONS

OF THE FACILITY IN ORDER TO ACCOMMODATE LICENSEE’S USAGE. LICENSEE SHALL

BE RESPONSIBLE FOR PROVIDING AUXILIARY AIDS AND SERVICES THAT ARE

ANCILLARY TO ITS USAGE AND FOR ENSURING THAT THE POLICIES, PRACTICES, AND

PROCEDURES IT APPLIES IN CONNECTION WITH AN EVENT ARE IN COMPLIANCE WITH

THE ADA.

17. Advertising & Sponsors. Licensee’s advertising and sponsors shall not conflict with current or future exclusive sponsors at NRG Park. Licensee will honor and will cause Licensee’s exhibitors, subcontractors and employees to honor NRG Park’s exclusive sponsors’ rights. Licensee hereby acknowledges that the current exclusive sponsors are:

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Sponsor Exclusive NRG Energy (Naming Rights Partner) Energy Reliant Energy Energy Coca Cola Company Non-Alcoholic beverages Waste Management, Inc. Waste Services

Verizon Wireless Wireless Service Ford† Automotive † Ford is exclusive to NRG Stadium, not NRG Park. 18. Construction of this Agreement

(a) Choice of Law. This Agreement shall be deemed to be made, governed by, and construed in accordance with the laws of the State of Texas, without giving effect to the conflict of law principles thereof.

(b) Paragraph Headings. The paragraph headings are inserted herein only as a matter of

convenience and for reference and in no way are intended to be a part of this Agreement or to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs hereof to which they refer.

(c) Entire Agreement; Amendments. This Agreement (including all Exhibits and other

documents and matters annexed hereto or made a part hereof by reference) contains all of the covenants, agreements, terms, provisions, and conditions relating to the rights and obligations of SMG and Licensee with respect to the Facility. No alterations, amendments, or modifications hereof shall be valid unless

executed by an instrument in writing by the parties hereto. WITHOUT LIMITING THE GENERALITY

OF THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES

HERETO THAT NO OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, OR

SALES PERSON OF EITHER PARTY HERETO, OR HCSCC OR THE OWNER OR ANY THIRD

PARTY HAS THE AUTHORITY TO MAKE, HAS MADE, OR WILL BE DEEMED TO HAVE

MADE, ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT, GUARANTEE,

OR PROMISE WITH RESPECT TO THE FINANCIAL SUCCESS OR PERFORMANCE, AND/OR

OTHER SUCCESS, OF THE EVENT. THE LICENSEE HEREBY ACKNOWLEDGES AND

AGREES THAT ANY ASSESSMENT OF THE FINANCIAL SUCCESS OR PERFORMANCE,

AND/OR OTHER SUCCESS, OF THE EVENT IS SOLELY THAT OF THE LICENSEE’S OWN

DETERMINATION AND JUDGMENT. (d) Severability. If any provision or a portion of any provision of this Agreement is held

to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions shall not be affected thereby.

(e) Time. Time is of the essence hereof, and every term, covenant, and condition shall be

deemed to be of the essence hereof. (f) Successors. This Agreement shall be binding upon, and shall inure to, the benefit of

the successors and assigns of SMG, and to such successors and assigns of Licensee as are permitted to succeed to the Licensee’s right upon and subject to the terms hereof.

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(g) Independent Contractor; No Partnership. SMG and Licensee shall each be and remain an independent contractor with respect to all rights and obligations arising under this Agreement. Nothing herein contained shall make, or be construed to make, SMG or Licensee a partner of one another, nor shall this Agreement be construed to create a partnership or joint venture between and of the parties hereto or referred to herein.

(h) Singular and Plural. Whenever the context shall so require, the singular shall include

the plural, and the plural shall include the singular. (i) No Waiver of Immunity. Nothing contained in this License Agreement is intended to

or shall be construed or operate to waive or negate any immunity to which the Licensee is entitled under any applicable law. Any hold harmless provision contained herein applies only to the extent that it reinforces existing obligations of the Licensee under applicable law, but does not expand or increase the scope of its liability. To the extent that any provision of this License Agreement purports to create liability or potential liability on the part of the Licensee beyond its legal authority or power to incur liability, such provision is invalid.

19. Miscellaneous.

(a) Waiver. The failure of any party to enforce any of the provisions of this Agreement, or any rights with respect hereto, or the failure to exercise any election provided for herein, will in no way be considered a waiver of such provisions, rights, or elections, or in any way affect the validity of this Agreement. The failure of any party to enforce any of such provisions, rights, or elections will not prejudice such party from later enforcing or exercising the same or any other provisions, rights, or elections which it may have under this Agreement.

(b) Assignment. Neither this Agreement nor any of the rights or obligations hereunder

may be assigned or transferred in any manner whatsoever by Licensee without the prior written consent of SMG. SMG shall be entitled to assign its rights and obligations hereunder to HCSCC or to any other management company retained by HCSCC to manage the Facility, and in such event, SMG shall have no further liability to Licensee hereunder for the performance of any obligations or duties arising after the date of such assignment. (c) Notices. Any notice, consent, or other communication given pursuant to this Agreement shall be in writing and shall be effective either (i) when delivered personally to the party for whom intended, (ii) upon delivery by an overnight courier services that is generally recognized as reliable, and the written records maintained by the courier shall be prima facie evidence of delivery, or (iii) on delivery (or attempted delivery) by certified or registered mail, return receipt requested, postage prepaid, as of the date shown by the return receipt; in any case addressed to such party as set forth below or as a party may designate by written notice given to the other party in accordance herewith. If to SMG: SMG One NRG Park Houston, TX 77054 Attention: General Manager

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with a copy to: SMG 300 Four Falls Corporate Center 300 Conshohocken State Road West Conshohocken, PA 19428 Attention: Director of Risk Management

If to Licensee: Humble Independent School District 20200 Eastway Village Dr. Humble, TX

77347-2000 Attention: Lelia Sarmecanic General Counsel

(d) Non-Exclusive Use. SMG shall have the right, in its sole discretion, to use or permit the use of any portion of the Facility other than the Authorized Areas to any person, firm or other entity regardless of the nature of the use of such other space.

(e) Force Majeure. If the Facility is damaged from any cause whatsoever or if any other casualty or unforeseeable cause beyond the control of SMG, including, without limitation, acts of God, fires, floods, epidemics, pandemics, quarantine restrictions, strikes, failure of public utilities, or unusually severe weather, prevents occupancy and use, or either, as granted in this Agreement, SMG is hereby released by Licensee from any damage so caused thereby.

(f) Rule of Construction. Each of the undersigned parties hereby agrees that it has carefully reviewed this Agreement and has had ample opportunity to seek legal advice and input. Consequently, the rule of construction that ambiguities and unclear phrases are construed against the drafting party or in the light most favorable to the non-drafting party shall not apply.

(g) Use of Information. Licensee hereby acknowledges and agrees that SMG shall have the right to disclose to recognized industry sources that track event activity information relating to any Event, including, without limitation, the identity of performers or other participants of the Event, attendance figures, and gross ticket revenue for the Event.

(h) DELIVERY OF LICENSEE’S PROPERTY. SMG MAY, AT ITS ELECTION,

ACCEPT DELIVERY OF PROPERTY ADDRESSED TO LICENSEE ONLY AS A SERVICE TO

LICENSEE, AND LICENSEE WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS SMG,

HCSCC AND OWNER FOR ANY LOSS OR DAMAGE TO SUCH PROPERTY IN THE RECEIPT,

HANDLING, CARE, AND CUSTODY OF SUCH PROPERTY AT ANY TIME. SMG ASSUMES NO

RESPONSIBILITY WHATSOEVER FOR ANY PROPERTY PLACED IN THE FACILITY.

(signatures on the following page)

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IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first written above.

SMG

By:______________________________________ Name: Jeffrey C. Gaines Title: Assistant General Manager

Humble Independent School District

By:______________________________________ Name: Dr. Guy Sconzo Title: Superintendent of Schools Save as: S0024038

NRG PARK EXHIBIT A

1

Atascocita, Atascocita, Atascocita, Atascocita, KKKKingwoodingwoodingwoodingwood and Summer Creekand Summer Creekand Summer Creekand Summer Creek High School GraduationHigh School GraduationHigh School GraduationHigh School Graduationssss

Event ID: 29084Event ID: 29084Event ID: 29084Event ID: 29084 * * * * * * *

Signor: Signor: Signor: Signor: GGGGuy M. Sconzouy M. Sconzouy M. Sconzouy M. Sconzo Superintendent Superintendent Superintendent Superintendent

Main Contact: Main Contact: Main Contact: Main Contact: Irma HernandezIrma HernandezIrma HernandezIrma Hernandez Humble ISDHumble ISDHumble ISDHumble ISD

20200 Eastway Village Dr.20200 Eastway Village Dr.20200 Eastway Village Dr.20200 Eastway Village Dr. Humble, TX 77347Humble, TX 77347Humble, TX 77347Humble, TX 77347

Phone: 281Phone: 281Phone: 281Phone: 281----641641641641----8109810981098109 Email: Email: Email: Email: [email protected]@[email protected]@humble.k12.tx.us

Contact: Linda Cooney Phone: 281-641-8045 Email: [email protected]

* * * * * * DDDDATE(S)ATE(S)ATE(S)ATE(S)

May 24, 2015 (Sunday)May 24, 2015 (Sunday)May 24, 2015 (Sunday)May 24, 2015 (Sunday) Includes moveIncludes moveIncludes moveIncludes move----in, show anin, show anin, show anin, show and moved moved moved move----out datesout datesout datesout dates

NRGNRGNRGNRG Stadium: Graduation (1/2 of stadium floor and lower level seats)Stadium: Graduation (1/2 of stadium floor and lower level seats)Stadium: Graduation (1/2 of stadium floor and lower level seats)Stadium: Graduation (1/2 of stadium floor and lower level seats) Move-In: May 24, 2015 (Sunday) ............................................One (1) INCLUDED Event: May 24, 2015 (Sunday) ................................................. $22,000.00 Move-Out: May 24, 2015 –( by 11:59pm) ...............................One (1) INCLUDED

Total Rental Costs: $22,000.00

Special Provisions: - Your event manager will work with you on the times your move-in would start on Sunday.

- Tentative show times: 1:00pm – Atascocita; 4:30pm – Summer Creek; 7:30pm – Kingwod High

- Licensee will utilize the same floor-plan, staging and audio/visual as the event on Saturday. If possible, Licensor will set up the half-house curtain.

- Included in the rental rate are all chairs, tables, stanchions required for the graduation area.

- Concession stands will be closed. If catering is required, please call Selena Tan w/Aramark at 832-667-2426.

- NRG Park is now responsible for taking payments for all in-house services required by show management which include Freeman Electrical/Plumbing, J&S Audio Visual, Smart City Networks, Parking Passes, Booth Cleaning & Security (if required). All of these services are required to be paid before the event. Based on 2014 event, I have included this amount in your estimated expenses below.

Attachment 3

NRG PARK EXHIBIT A

2

Utilities:Utilities:Utilities:Utilities: General house lighting on all contracted days is included in License Fee. HVAC services in all contracted areas on event days are included in License Fee. If requested, HVAC services can be provided on all move-in/ move-out dates for an additional fee. Estimated Estimated Estimated Estimated ExpensesExpensesExpensesExpenses for 3 Ceremoniesfor 3 Ceremoniesfor 3 Ceremoniesfor 3 Ceremonies ($51,500.00)($51,500.00)($51,500.00)($51,500.00):::: $13,000.00 Event staffing, First Aid, Fire Marshall, Police, Guest Services, and Operation labor. $11,000.00 Cleaning will be capped at $11,000.00 $24,000.00 Sound System $3,500.00 Estimated cost for risers, upstage labor, ADA ramps, electrical, and rigging of curtain (if

required).

Other expenses you can expect to incur are insurance, telecommunications, catering and miscellaneous equipment rentals. Your assigned Event Manager will work with you to determine what additional services, staffing and equipment are required to successfully execute your event. You will be given a “Preliminary Estimate” by your Event Manager. The charged detailed on the “Preliminary Estimate” will be due in full before the start of your event. Any additional expenses incurred other that what is detailed will be billed on the final invoice. Exclusive ServicesExclusive ServicesExclusive ServicesExclusive Services: All NRG Park customers will be required to utilize the following exclusive services at NRG Park: Aramark Corporation ....... for Concessions Connoisseur………………….for Catering (Premium Services Division of Aramark) Freeman .......................... for Electrical Services, Plumbing and Utility Services SmartCity Networks ......... for Telecommunications/Internet Services CSC ................................ for Event Security HCEC ............................... for First Aid Ticketmaster .................... for Ticket sales (If applicable) Waste Management………waste services Preferred Services:Preferred Services:Preferred Services:Preferred Services: The following are preferred NRG Park service providers: J&S Audio Visual…… ...for audio visual and rigging services Stadium EventsStadium EventsStadium EventsStadium Events Licensee’s advertising and sponsors shall not conflict with current of future exclusive sponsors at NRG Park. Licensee will honor and will cause Licensee’s exhibitors, subcontractors and employees to honor NRG Park’s exclusive sponsors’ rights. Licensee hereby acknowledges that the current exclusive sponsors are: Sponsor Exclusive NRG Energy Naming Rights Partner and Energy Coca-Cola Company Non-alcoholic beverages Waste Management, Inc. Waste Services Verizon Wireless Wireless Service . Event Parking:Event Parking:Event Parking:Event Parking: The current parking rate at NRG Park is $12.00 per car per day with no in-and-out privileges. Licensee will receive (75) complimentary parking passes per school. Parking rate is subject to change without prior notice.

NRG PARK EXHIBIT A

3

Facility Rental DepositFacility Rental DepositFacility Rental DepositFacility Rental Deposit ($22,($22,($22,($22,000000.00) 00.00) 00.00) 00.00) andandandand Estimated ExpensesEstimated ExpensesEstimated ExpensesEstimated Expenses (((($$$$51,500.0051,500.0051,500.0051,500.00) = ) = ) = ) = $$$$73,500.0073,500.0073,500.0073,500.00 1) $20,000.00 due on or before January 23, 2015 along with execution of contract. 2) $25,000.00 due on or before March 13, 2015 3) $28,500.00 due on or before April 30, 2015 Additional expenses will be invoiced after event and payment will be due no later than 30 days after receipt of final settlement. In order to ensure the payment to SMG of the License Fee and the Reimbursable Service Expenses, and any other amounts as may accrue from time to time under this Agreement, Licensee shall deliver into the custody of SMG, a certified check payable to NRG Park or other security acceptable to SMG (no credit cards), in the amount set forth herein. NOTE: Event Staffing/Services and Equipment Expenses submitted to you by your assigned Event Manager are due in full prior to your move-in date. If such payment is not made then Licensor retains the right to cancel the event without any liability. Cancellation Policy: Cancellation Policy: Cancellation Policy: Cancellation Policy: The cancellation policy after an Agreement is signed. In the event Licensee terminates the Agreement prior to the Event, Licensee shall pay SMG (or SMG shall retain from Licensee’s deposit as applicable): as liquidated damages an amount as set forth below:

1) If more than one year from the first move-in day, ten percent (10%) of the License Fee. 2) If less than one year, but more than six months, then fifty percent (50%) of the License Fee. 3) If less than six months then one-hundred percent (100%) of the License Fee.

Licensee acknowledges that upon their cancellation of the Event, any portion of the non-refundable License Fee that has not been received by Licensor is due in full. License Fee payments that have been credited towards the Event are non refundable as set forth above. The parties agree that these liquidated damages have been arrived at by good faith effort to estimate the actual damage that will occur as the result of a breach, and such damages are reasonable in light of the anticipated or actual harm to be caused by such breach, taking into account the difficulties of proof of loss, inconvenience and non-feasibility of otherwise obtaining an adequate remedy. General InformationGeneral InformationGeneral InformationGeneral Information: NRG Park: A non-union facility. Insurance: Required for all events. A sample of the insurance certificate is

attached. Broadcast Fee: If applicable, NRG Park shall retain all television, film, radio and/or

recording rights to any events which take place at NRG Park. Licensee may purchase such rights from NRG Park for a mutually agreed upon broadcast fee.

Estimated Attendance: 5 – 10,000 per school

EXHIBIT B

Per hour

Contemporary Services Company

Event Manager 26.27$ Supervisor 20.40$ Event Staff 16.43$ Ushers/Door Guards 15.57$ Ushers/Door Guards Supervisor 20.40$ Ticket Takers/Counters 15.57$ Ticket Taker Supervisor 20.40$ Ticket Seller 10.92$ Ticket Seller Supervisor 13.87$ Parking

Parking Event Manager 26.27$ Parking Lot Supervisor 21.54$ Parking Lot Attendant 17.94$ Law Enforcement

Police 35.40$ Police Sergeant 38.22$ Police Lieutenant 41.05$ Medical Staff

Ambulance (with 2 EMT's) 80.00$ EMT 35.00$ Fire Marshal

Fire Marshal (4hr min) 299.74$ each additonal hr 66.07$

Admin Fee 25.80$ Guest Services & Receptionist

Supervisor 14.16$ Guest Services 11.80$ Receptionist 10.00$

POST EVENT CLEANING ESTIMATED PER EVENT

Daily Rate

Follow Spot Spotlight Call for QuoteForklift Call for QuoteForklift Operator Straight Overtime

21.20$ 31.80$

Barricades 8.00$

Per event

Center

Padded Chairs (per chair) 1.25$ Blue Banquet Chairs 1.25$

Miscellaneous Equipment Rental Rates

CHAIRS

NRG Park Schedule of Rates

(Subject to change without prior notice)

Event Staff

1

Attachment 4

Stadium

Blue Folding Chairs 1.25$ Red Folding Chairs 1.25$

Rectangular 30"x96" 10.00$ Rectangular 30"x72" 10.00$ Rectangular 18"x96" 10.00$ Rectangular 18"x72" 10.00$ Round 72" 10.00$

Staging (per square foot) Size: 40'x80'x48"-78" 1.25$ Concert: 60'x40'x48",w/two 12'x24'x48" to 72"wings, 5,000.00$

this also includes stairs and 80' of handrail,and approximately 60' of skirt.

Risers: 4'x8'x16" to 24" 12 250.00$ 6'x8'x12" to 30" 70 125.00$ (in 6" increments) for Center only

11/20/2014 Lconner

STAGING

TABLES

2

1




Action Item





Consideration of Purchases Exceeding $50,000 Specifically for Istation Home Access

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more for the 2014-15 fiscal year, specifically for Istation Home Access. By approving the selection of this vendor included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals. Overview: In accordance with Board Policy CH LOCAL, purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more must be submitted for Board approval before a transaction may take place. This applies to the purchase of goods, professional services, and non-construction services. Istation is an online computer-adaptive individualized reading program currently implemented at each elementary campus to support state standards while providing universal screening, reading instruction and intervention. Through the Texas Success initiative, students in grades 3-8 are provided the home access; however, grades K-2 are not funded by the state. Fiscal Impact Statement: Funding for this expenditure will be provided from the Instructional Materials Allotment Funds. On September 9, 2014 a maximum expenditure of $119,990 was approved for the Istation school version. The cost for the home access version for grades K-2 is $14,850. The expenditures are not anticipated to exceed $134,840. Fiscal Year: 2014-2015 Amendment Required? Yes No


student

Approved

2

Attachments: Listing of Purchases Exceeding the Threshold - Attachment 1 Quote for Istation Home Access - Attachment 2 Prepared By: Dr. Robin Perez Approved By: Dr.Tommy Price Reviewed By: Dr.Tommy Price Date Submitted: December 10, 2014 11-11-14

Purchases Exceeding $50,000 in the Aggregate and/or $25,000 Individually A1 - Purchases Over $50K Annually or $25K Individuallyxxxxxxx Division




Sole Source Early Reading Home Acess Istation Instructional Materials Allotment Funds

410-11-6329-00-884-11-0000-884-4105

2015 Curriculum and Instruction

$119,990 (prev. approved) $14,850 (needs approval) $134,840 (combined total)

a

$14,850.00Grand Total

20200 Eastway Village DrHumble, TX 77338

Ship To

Humble Ind School DistrictShip To Name

ACCOUNTS PAYABLE P. O. Box 2000Humble, TX 77347-2000

Bill To

Humble Ind School DistrictBill To Name

[email protected]

(281) 641-8320Phone

Robin PerezContact Name

(214) 291-5534Fax

[email protected]

(469) 964-0660Phone

Sharon TippingPrepared By

00010768Quote Number

1/30/2015Quote ExpirationDate

11/25/2014Created Date8150 North Central Expressway, Suite 2000Dallas, TX 75206US

Company Address

Annual License

Product Date Sales Price Quantity Total Price

Istation Home (Campus license) 11/13/2014 $550.00 27.00 $14,850.00

Attachment 2

1




Action Item




Title: Tax Refunds

Consideration of Petitions for Refunds Over $500

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the petitions for tax refunds. Overview: The Texas Property Tax Code, Section 31.11(c) states "If a taxpayer applies to the tax collector of a taxing unit for a refund of an overpayment or erroneous payment of taxes and the auditor for the unit determines that the payment was erroneous or excessive, the tax collector shall refund the amount of the excessive or erroneous payment from available current tax collections or from funds appropriated by the unit for making refunds. However, the collector may not make the refund unless: (1) in the case of a collector who collects taxes for one taxing unit, the governing body of the taxing unit also determines that the payment was erroneous or excessive and approves the refund if the amount of the refund exceeds….(B) $500 for a refund to be paid by any other taxing unit;…an application for a refund must be made within three years after the date of the payment or the taxpayer waives the right to the refund." Detailed information and rationale for each correction or refund has been documented in the attachment. If the Board approves this consideration, Humble ISD will be in compliance with the Texas Property Tax Code. Fiscal Impact Statement: The total effect of the refund(s) will result in a reduction of total collections received of $2,558.29. Overpayments are recorded as a liability on the general ledger upon receipt and, therefore, do not cause a decrease in recorded revenue when refunded.


student

Approved

2

Cost:


Funding Source:


Budgetary Codes:

Fund



Attachments: Summary of Petitions for Refunds Prepared By: Janice Himpele Approved By: Lynn Lynn Reviewed By: Lynn Lynn Date Submitted: January 7, 2015 11-11-14

Humble Independent School DistrictSummary of Petitions for Refunds in Excess of $500

Reason for Refund Year Property Description Account No. Refund Amount

Overpayment (2) 2014 LT 1 BLK 1 116-876-001-0001 620.40$ KINGS POINT VILLAGE SEC 4

Overpayment (1) 2014 LT 14 BLK 2 118-070-002-0014 1,937.89$ KINGS CROSSING SEC 22

Total 2,558.29$

(1) Payment made in error by property owner or mortgage company.

Attachment - Refunds Over $500

January 13, 2015

(2) Taxpayer paid incorrect amount.

Refunds 1-13-15.xls 1 1/7/20152:37 PM

1




Action Item




Title: Budgetary Amendments


Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the budgetary amendments. Overview: The Texas Education Code Section 44.006, the Texas Education Agency Resource Guide Sections 2.10.6 and 5.3.4 and Humble ISD Board Policy CE (LOCAL), page 2, require that certain budgetary amendments be approved by the Board of Trustees. Changes to budgetary accounts in the General Fund, National School Breakfast and Lunch Program Fund and Debt Service Fund that affect functional expenditure categories must be approved by the Board of Trustees according to TEA regulations. By approving these amendments, Humble ISD will be in compliance with both state law and local policy regarding approval of budgetary amendments. Fiscal Impact Statement: The General Fund Unassigned Fund Balance will decrease by $110,000. The total General Fund Assigned Fund Balance will decrease by $88,500. There is no change to the National School Breakfast & Lunch Program Restricted Fund Balance or the Debt Service Fund Restricted Fund Balance.


student

Approved

2

Cost: One-Time Multi-Year (Specify):

Funding Source:


Budgetary Codes:

Fund



Attachments: Budgetary Amendments Detail – Attachment 1 Budgetary Summary – Attachment 2 Prepared By: Marilyn Farrell Approved By: Lynn Lynn Reviewed By: Lynn Lynn Date Submitted: January 6, 2015 11-11-14

Budgetary Amendments Detail January 13, 2015


Fund Unassigned Media Staff Instruct School Guidance/ Social Health Pupil Cocurric/ Gen Maint & Security Data Commun Debt Facility Juvenile

General Fund Balance Fund Instruction Svcs Develop Leadershp Leadershp Counsel Svcs Svcs Transp Extracurr Admin Operation Svcs Process Svcs Svc Acquisit Justice TIRZ Other

Explanation of Amendment Assignments Balance 11 12 13 21 23 31 32 33 34 36 41 51 52 53 61 71 81 95 97 99

Items Affecting Fund Balance:

Items Affecting Revenues and Functional Categories:Permanent increase to the Police Department's continuation budget for increased police coverage at athletic events.

(110,000) 110,000

Establish budget for the release of 6/30/14 fund balance assignment of Contingency Funds for the Inventory Asset Project.

(48,500) 48,500

Establish budget for the release of 6/30/14 fund balance assignment of Contingency Funds for the replacement of the Humble High School baseball field fence.

(40,000) 40,000

Transfers Between Functional Categories Detail: Org. 732 (Human Resources) - Transfer from pupil transportation (misc. contracted services) to general administration (employee travel) for proper coding.

(2,200) 2,200

Org. 701 (Superintendent's Office) - Transfer from media services (Education Service Center) to general administration (misc. operating costs) for miscellaneous expenses.

(5,685) 5,685

Org. 108 (Oaks Elementary) - Transfer from school leadership (employee travel) to instruction (supplies) for supplies.

1,000 (1,000)

Org. 108 (Oaks Elementary) - Transfer from curriculum/staff development (employee travel) to instruction (supplies) for supplies.

1,845 (1,845)

Org. 910 (Maintenance) - Transfer from plant maintenance and operations (contracted services-buildings and grounds) to Org. 836 (Athletics) extracurricular (other supplies) for pool chemicals.

15,000 (15,000)

Transfers Between Functional Categories:Transfers between functional categories for proper coding of substitute wages, overtime, social security, workers' comp, education svc ctr, contracted maintenance, misc contracted svcs, operating supplies, general supplies, employee travel and misc operating expenses.

910 0 (765) 0 (145) 0 0 0 0 0 (676) 676 0 0 0 0 0 0 0 0

Totals (88,500) (110,000) 3,755 (5,685) (2,610) 0 (1,145) 0 0 0 (2,200) 15,000 55,709 25,676 110,000 0 0 0 0 0 0 0

Budget Amendments - Detail 2015-01-13.xls 1/9/20151:26 PM

Budgetary Amendments Detail January 13, 2015


Net Effect Unassigned Food Maint & Security Data Facility

National School Breakfast & Lunch Program on Fund Local State Federal Service Operation Svcs Process Acquisit

Explanation of Amendment Fund Bal Balance 57XX 58XX 59XX 35 51 52 53 81

Items Affecting Fund Balance:

Items Affecting Revenues and Functional Categories:

Transfer from food services (controllable assets) to facility acquisition (architect fees) for architect fees at AMS and HMS for the tile projects.

(32,000) 32,000

Transfer from food services (contracted services) to data process (contracted services) for proper coding of website contract rate increase.

(50) 50

Transfers Between Functional Categories:

Totals 0 0 0 0 0 (32,050) 0 0 50 32,000

Revenue

Budget Amendments - Detail 2015-01-13.xls 1/9/20151:26 PM

Attachment 2

Adopted AmendedGENERAL FUND Budget July August September October November December January February March April May June BudgetRevenues Local Taxes $130,826,046 $130,826,046 Local TIRZ $6,895,493 $6,895,493 Local Other $1,025,000 $137,000 $5,000 $194,895 $45,870 $8,148 $1,415,913 State $159,989,428 $1,497 $159,990,925 TRS On-Behalf $14,657,849 $14,657,849 Federal $45,000 $45,000 Total Revenues $313,438,816 $137,000 $5,000 $0 $194,895 $47,367 $8,148 $0 $0 $0 $0 $0 $0 $313,831,226

Expenditures 11-Instruction $184,407,952 ($21,097) $8,465,173 ($119,637) ($887,928) ($56,681) $3,755 $191,791,537 12-Instructional Resources & Media Svcs. $3,103,073 $2,633 $37,940 $559 ($5,685) $3,138,520 13-Curriculum Dev. & Instructional Staff Dev. $7,126,375 $8,700 $601,375 ($21,626) $2,869,155 $47,145 ($2,610) $10,628,514 21-Instructional Leadership $3,037,657 $1,099 ($6,800) ($71,053) $2,960,903 23-School Leadership $20,080,818 $2,517 $6,152 ($1,792) ($877,638) ($1,145) $19,208,912 31-Guidance, Counseling & Evaluation Svcs. $14,143,543 $88,804 $24,921 ($24,786) $14,232,482 32-Social Work Services $148,437 ($2,760) $145,677 33-Health Services $3,225,614 $2,228 ($128) ($73,553) $3,154,161 34-Student (Pupil) Transportation $11,685,837 ($1,846) $68,586 ($3,092) ($322,976) ($2,200) $11,424,309 36-Cocurricular / Extracurricular Activities $7,165,938 $19,690 $220,940 ($500,294) $10,700 $15,000 $6,931,974 41-General Administration $7,742,652 $23,941 $346,440 $86,250 $92,990 $55,709 $8,347,982 51-Plant Maintenance & Operations $30,152,165 $48,640 $1,635 $5,344,307 $335 ($24,537) $279 $25,676 $35,548,500 52-Security & Monitoring Svcs. $3,288,123 $67,200 $1,628,255 ($529,134) ($49,908) ($852) $110,000 $4,513,684 53-Data Processing Svcs. $6,835,256 $1,470 $16,000 $567,108 $727,658 ($73,451) $7,557 $8,081,598 61-Community Svcs. $658,907 ($6,453) $652,454 71-Debt Service $0 $0 81-Facilities Acquisition & Construction $0 $1,082,457 $1,500,000 $2,582,457 95-Payments to Juvenile Justice Prg. $96,800 $96,800 97-Payments to Tax Increment Fund $6,937,621 $6,937,621 99-Other Intergovernmental Charges $1,515,000 $1,515,000 Total Expenditures $311,351,768 $137,000 $29,850 $18,425,557 $194,895 $47,367 $1,508,148 $198,500 $0 $0 $0 $0 $0 $331,893,085Excess / (Deficiency) of Revenues Over / (Under) Expenditures $2,087,048 $0 ($24,850) ($18,425,557) $0 $0 ($1,500,000) ($198,500) $0 $0 $0 $0 $0 ($18,061,859)

Other Financing Sources and Uses Other Resources (Transfer In) / Other Uses (Transfers Out) $0 $0Net Other Financing Sources and Uses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $006/30/14 Released Assignments Included Above $0 $0 $0 $18,425,557 $0 $0 $1,500,000 $88,500 $0 $0 $0 $0 $0 $20,014,057Net Impact to Unassigned Fund Balance $2,087,048 $0 ($24,850) $0 $0 $0 $0 ($110,000) $0 $0 $0 $0 $0 $1,952,19806/30/14 Unassigned General Fund Balance $71,828,188 $71,828,188Current Unassigned General Fund Balance $73,915,236 $73,780,386Note: The District shall target a yearly unassigned general fund balance between 17% (60 days) and 25% (90 days) of total operating expenditures. 81 days/22.2%

Current Fund Balance Assignments:Assigned-Encumbrances $9,964,547 ($9,964,547) $0Assigned-Capital Expenditures-Campus Carryforwards $58,090 ($58,090) $0Assigned-E-Rate $91,434 ($91,434) $0Assigned-Facility Rental $297,170 ($297,170) $0Assigned-Capital Expenditures $337,652 ($337,652) $0Assigned-Technology $530,334 ($530,334) $0Assigned-Insurance Deductibles $500,000 $500,000Assigned-Legal Services $500,000 $500,000Assigned-Special Education $5,262,500 $5,262,500Assigned-Textbooks $227,313 ($227,313) $0Assigned-Contingency $500,000 ($4,510) ($88,500) $406,990Assigned-Emergency Preparedness (Hurricane, Fire, Etc.) $4,000,000 $4,000,0002015-16 Budget Development (One-Time Needs) $2,000,000 $2,000,000FF&E (Replacement Cycle) $2,619,696 $2,619,696Technology Plan $7,430,159 $7,430,159Maintenance Projects $4,000,000 $4,000,000Portable Buildings $1,500,000 ($1,500,000) $0Buses $1,200,000 $1,200,000Safe and Secure Schools $1,000,000 $1,000,000Assigned-Student Achievement-College/Career Ready (Goal #1) $4,392,355 ($3,305,296) $1,087,059Assigned-Safe/Nurturing School Environment (Goal #2) $2,791,959 ($2,616,959) $175,000Assigned-Attract, Develop & Retain Staff (Goal #3) $178,000 ($178,000) $0Assigned-Accountability; Effective/Efficient Operations (Goal #5) $1,020,532 ($814,252) $206,280Total Fund Balance Assignments $50,401,741 $0 $0 ($18,425,557) $0 $0 ($1,500,000) ($88,500) $0 $0 $0 $0 $0 $30,387,684Total General Fund Balance $124,316,977 $0 ($24,850) ($18,425,557) $0 $0 ($1,500,000) ($198,500) $0 $0 $0 $0 $0 $104,168,070

Humble I.S.D.2014-2015 Budget Summary

January 13, 2015

Budgetary Amendments A2.xls 1/9/201510:51 AM

Attachment 2Humble I.S.D.

2014-2015 Budget SummaryJanuary 13, 2015

Adopted AmendedNATIONAL SCHOOL BREAKFAST AND LUNCH PROGRAM Budget July August September October November December January February March April May June BudgetRevenues Local Revenue $8,666,190 $8,666,190 State $80,000 $80,000 Federal $7,796,197 $7,796,197 Total Revenues $16,542,387 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $16,542,387

Expenditures 35-Food Services $15,939,032 $121,225 $385,333 ($32,050) $16,413,540 51-Plant Maintenance & Operations $750,624 $43,414 $794,038 52-Security & Monitoring Services $52,212 $52,212 53-Data Processing Svcs. $852 $50 $902 81-Facilities Acquisition/Construction $0 $32,000 $32,000 Total Expenditures $16,742,720 $0 $0 $164,639 $0 $0 $385,333 $0 $0 $0 $0 $0 $0 $17,292,692Excess / (Deficiency) of Revenues Over / (Under) Expenditures ($200,333) $0 $0 ($164,639) $0 $0 ($385,333) $0 $0 $0 $0 $0 $0 ($750,305)

Other Financing Sources and Uses Other Resources (Transfer In) $0 $0 Other Uses (Transfers Out) $0 $0 $0Net Other Financing Sources and Uses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $006/30/14 Restricted Fund Balance $4,911,215 $4,911,215Current Restricted Fund Balance $4,710,882 $4,160,910Note: Federal guidelines restrict fund balance to no greater than the total of three months of operating expenditures (or approximately 25%). 24%

Adopted AmendedDEBT SERVICE FUND Budget July August September October November December January February March April May June BudgetRevenues Local Taxes $41,198,751 $41,198,751 Local - TIRZ $8,933,156 $8,933,156 Local Other $10,000 $10,000 State $6,776,634 $6,776,634 Total Revenues $56,918,541 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $56,918,541

Expenditures 71-Debt Service $54,695,259 $54,695,259 97-Payments to Tax Increment Fund $2,075,356 $2,075,356 Total Expenditures $56,770,615 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $56,770,615Excess / (Deficiency) of Revenues Over / (Under) Expenditures $147,926 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $147,926

Other Financing Sources and Uses Other Resources (Transfer In) $0 $0 Sale of Bonds $0 $0 Premium/Discount-Bonds $0 $0 Prepaid Interest $0 $0 Other Uses (Transfers Out) $0 $0Net Other Financing Sources and Uses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $006/30/14 Restricted Fund Balance $44,519,813 $44,519,813Current Restricted Fund Balance $44,667,739 $44,667,739Note: The District shall target a yearly minimum restricted fund balance of 25% of annual debt service requirements on all outstanding debt issuance. 79%




INTERNAL SERVICE FUNDS: Original AmendedSELF-FUNDED INSURANCE Budget July August September October November December January February March April May June BudgetRevenues Local - Interest $3,300 $3,300 Total Revenues $3,300 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,300

Expenditures Legal Services $0 $0 Medical/Dental - Previous Years $3,350 $59,064 $62,414 Unemployment Claims $0 $35,000 $35,000 Worker's Compensation - Consulting Services $4,500 $4,500 Worker's Compensation - Administrative Fees $4,500 $4,500 Dear Oaks Employee Assistance Program (EAP) $81,600 $81,600 Healthiest You Telehealth Services $198,000 $198,000 Total Expenditures $291,950 $0 $0 $0 $59,064 $35,000 $0 $0 $0 $0 $0 $0 $0 $386,014Excess / (Deficiency) of Revenues Over / (Under) Expenditures ($288,650) $0 $0 $0 ($59,064) ($35,000) $0 $0 $0 $0 $0 $0 $0 ($382,714)

Other Financing Sources and Uses Other Resources (Transfer In) $0 $0 Other Uses (Transfers Out) $0 $0Net Other Financing Sources and Uses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $006/30/14 Net Position $6,341,010 $6,341,010Current Net Position $6,052,360 $5,958,296

Original AmendedPUBLIC ENTITY RISK POOL Budget July August September October November December January February March April May June BudgetRevenues Local - Interest $3,300 $3,300 Interfund Services Medical - District $12,056,083 $12,056,083 Medical - Employee $8,085,106 $8,085,106 Workers' Comp. (District) $1,239,747 $1,239,747 Total Revenues $21,384,236 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $21,384,236

Expenditures Salaries & Related Benefits $124,087 $124,087 Insurance Premiums - Medical $20,141,189 $20,141,189 Insurance Premiums - Unemployment $193,110 $193,110 Insurance Premiums - Worker's Comp $1,239,747 $1,239,747 Total Expenditures $21,698,133 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $21,698,133Excess / (Deficiency) of Revenues Over / (Under) Expenditures ($313,897) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ($313,897)

Other Financing Sources and Uses Other Resources (Transfer In) $0 $0 Other Uses (Transfers Out) $0 $0Net Other Financing Sources and Uses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $006/30/14 Net Position $7,842,281 $7,842,281Current Net Position $7,528,384 $7,528,384




INTERNAL SERVICE FUNDS (con't): Original AmendedPRINT SHOP Budget July August September October November December January February March April May June BudgetRevenues Interfund Services - User Fees $286,679 $5,516 $2,737 $294,932 Total Revenues $286,679 $294,932

Expenditures Salaries/Benefits $97,479 $97,479 Rentals-Operating Leases $117,900 $117,900 Contracted Services $8,300 $5,516 $2,737 $16,553 General Supplies $63,000 $63,000 Total Expenditures $286,679 $0 $0 $0 $5,516 $2,737 $0 $0 $0 $0 $0 $0 $0 $294,932Excess / (Deficiency) of Revenues Over / (Under) Expenditures $0 $0 $0 $0 ($5,516) ($2,737) $0 $0 $0 $0 $0 $0 $0 $0

Other Financing Sources and Uses Other Resources (Transfer In) $0 $0 Other Uses (Transfers Out) $0 $0Net Other Financing Sources and Uses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $006/30/14 Net Position $0 $0Current Net Position $0 $0

Original AmendedEMPLOYEE CHILD CARE Budget July August September October November December January February March April May June BudgetRevenues Interfund Services - User Fees $386,771 $386,771 Interfund Services - Donations $0 $0 Total Revenues $386,771 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $386,771

Expenditures Salaries/Benefits $337,806 $337,806 General Supplies $11,725 $11,725 Professional Services $625 $625 Travel $500 $500 Miscellaneous Operating Costs $36,115 $36,115 Capital Outlay $0 $0 Total Expenditures $386,771 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $386,771Excess / (Deficiency) of Revenues Over / (Under) Expenditures $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

Other Financing Sources and Uses Other Resources (Transfer In) $0 $0 Other Uses (Transfers Out) $0 $0Net Other Financing Sources and Uses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $006/30/14 Net Position $140,633 $140,633Current Net Position $140,633 $140,633


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Action Item




Title: Purchases Exceeding $25,000 Individually, Specifically for Asset Inventory Services Consideration of Purchases Exceeding $25,000 Individually, Specifically for Asset Inventory Services Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated at $25,000 or more individually for the 2014-15 fiscal year, specifically for Asset Inventory Services. By approving the selection of the vendors or consultants included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals. Overview: In accordance with Board Policy CH LOCAL, purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more and/or single item purchases estimated at $25,000 or more must be submitted for Board approval before a transaction may take place. This applies to the purchase of goods, professional services, and non-construction services. The Financial Services Division has been working with internal teams to assist campuses and departments in completion of identification and tagging of their controllable assets. The inventory for all high school campuses, four middle school campuses, four elementary campuses, and all departments has been completed. In order to provide needed data for the 2015-16 budget development process in a timely and efficient manner, the remainder of the project now needs to be outsourced. Proposals from firms with experience in asset inventory services in the education sector were requested for the completion of controllable asset inventory services for the remaining middle school and elementary campuses. Qualified firms were asked to provide information concerning their inventory methodology, ability to provide inventory data in the file format


student

Approved

2

required for data import into the MUNIS Financial System, and fixed fee pricing that included physical inventory and tagging, production of the data file, and associated reports related to the physical inventory.

The vendor on the attached listing has been determined to provide the best value to the District for asset inventory services.

Fiscal Impact Statement: Funding for this expenditure will be provided by the release of General Fund Balance Assignment for Contingency in the amount of $48,500.

Fiscal Year: 2014-15 Amendment Required? Yes NoAttachments: Listing of Items Exceeding the Threshold(s) – Attachment 1

Capital Assets Accounting and Financial Reporting Regulation – Attachment 2 Prepared By: Shelley Vineyard Approved By: Lynn Lynn Reviewed By: Lynn Lynn Date Submitted: December 10, 2014 11-11-14

Purchases Exceeding $50,000 in the Aggregate and/or $25,000 Individually A1 - Purchases Over $50K Annually or $25K IndividuallyFinancial Services Division

199-41-6299-00-741-99-A009-741

Humble ISD Capital Assets Accounting and Financial Reporting Regulation I. Purpose

The purpose of the Capital Assets Accounting and Financial Reporting Regulation is to:

1. Safeguard the significant investment in capital assets and establish a capitalization policy whereby dollar values assigned to capital assets are permanently recorded;

2. Identify all capital assets in order to provide a management tool for the replacement of recurring items avoiding duplication and inefficient use of capital assets;

3. Comply with Federal, State and local law and regulations concerning governmental accounting, auditing, and reporting requirements and, thereby provide information for the preparation of financial statements in accordance with generally accepted accounting principles;

4. Provide information to be utilized with the District’s risk management program to ensure that capital assets are insured adequately to cover losses.

II. Scope

This regulation applies to all employees and other persons who have or are responsible for capital assets owned by Humble ISD.

III. Responsibility for Enforcement

It is the responsibility of each campus and department administrator to ensure compliance with this regulation. Campus and department administrators must review and reconcile the updated listing of controllable assets provided by the Accounting Department on an annual basis. All identified discrepancies must be reported to the Accounting Department within four weeks of receiving the updated listing. Controllable assets must be physically inventoried every five years or as deemed appropriate by the Accounting Department, as opposed to capital assets, which will be physically inventoried annually. The enforcement and records management of the Capital Assets Accounting and Financial Reporting Regulation shall be the responsibility of the Director of Accounting and Financial Reporting.

IV. Definitions

Anticipated Useful Life: The time allotment in years of the estimated time the asset will be in use.

Buildings: All permanently walled or roofed structures.

Capital Assets: Land, improvements to land, easements, buildings, building improvements, vehicles, machinery, equipment, works of art, and historical treasures, infrastructure, and all other tangible or intangible assets that are used in operations and that have initial useful lives of one year or more and meet the District’s capitalization threshold.

Expense or Expenditure Items: Items with extremely short useful lives (e.g. less than 1 year) or of small monetary value. These items are properly reported as an “expense” or “expenditure” in the period in which they are acquired.

Capitalization Threshold: The dollar value (minimum of $5,000 per unit) at which the District elects to capitalize tangible or intangible assets used in operations that have initial useful lives of one year or more. With the exception of furniture, fixtures, and equipment purchased for a new facility, generally thresholds are applied to individual items rather than a group of items unless the result would be to exclude items that would be material to the financial statements in the aggregate.

2

Controllable Assets: Tangible or intangible assets that do not meet the District’s capitalization threshold, but for which the District maintains an inventory record for other than reporting purposes, such as security from theft. Controllable assets have a useful life of one year or more and a minimum per unit cost of $500 (unless it is susceptible to theft). Controllable assets include the following:

Athletic/Fine Arts (Tagged and/or Tracked by the Campus or Department) Instruments Robes Uniforms (not purchased by the students)

Athletic Equipment Large free standing weight and sports equipment meeting the dollar threshold

Fine Arts (Tagged & Tracked by the District) Harps Pianos

Appliances (Refrigerators, Ovens, Dishwashers, Etc.) Meeting the dollar threshold Located in:

o Athletic departments o Classrooms o Lounges and break rooms

CNS will monitor kitchen equipment

Electronics & Technology Amplifiers Cameras (Professional and DSLR) Microphones meeting the dollar threshold Mobile interactive whiteboards (i.e., Mobi, Interwrite) Portable PA system (not cd players, boomboxes, etc.) Power Carts Professional Lighting (e.g., those used in broadcasting & theater) Projectors Sound Boards Stereo components (receivers, mixers, etc.) Televisions Computer monitors Computer towers External hard drive (not flash drives) Laptop computers Printers meeting the dollar threshold Scanners meeting the dollar threshold SMART boards Tablets (iPads, Samsung Galaxy, etc.) NO SOFTWARE NO ACCESSORIES (chargers, flash drives, headphones, cases, replacement keyboards, battery back-ups, etc.)

Cafeteria Cafeteria tables CNS will monitor all kitchen equipment

3

Classroom Agriculture Items

o Agricultural razors o Animal chutes o Industrial hairdryers for animals

Art Labs o Art tables o Kilns o Pottery wheels

Science Labs o Heavy duty microscopes meeting the dollar threshold o Models meeting the dollar threshold o Movable science tables o Scales meeting the dollar threshold

Student Desks, Chairs, Desk Combos, and Classroom Tables (Tagged and/or Tracked by the Campus or Department, except for heavy duty tables like those used in science, art, and shop)

Copiers (Owned by the Campus/Department; Not Fleet Copiers) Graphing Calculators

Health & Safety Equipment AEDs Medical beds Security systems Trainer tables

Library Books (Only Those Coded to 6669)

Office Furniture Bookcases meeting the dollar threshold Conference room tables Credenzas File cabinets meeting the dollar threshold Executive desks NO lamps, pictures, chairs, rolling carts, etc. If it attaches to the wall, it is NOT a controllable asset and we will not tag it. Telecommunications Equipment District VOiP telephones (regardless of value) Large radio systems with a central dispatch unit NO WALKIE TALKIES

Tools Large freestanding tools meeting the dollar threshold Power tools meeting the dollar threshold NO HAND TOOLS

Vaults / Safes (Not affixed to the Building)

4

Depreciation: Depreciation is the systematic and rational allocation of the cost of a capital asset over its estimated useful life. Depreciation normally begins when an asset is purchased or, in the case of constructed assets, when they are substantially completed and accepted.

Furnishings and Equipment: Movable personal property is distinguished from supply items by the following characteristics:

A. It retains its original shape and appearance with use.

B. It is non-expendable; that is, if the article is damaged or some of its parts are lost or worn out, it is usually more feasible to repair the item rather than replace it with an entirely new unit.

C. It represents an investment of funds which makes it feasible and advisable to categorize the item as a controllable asset.

D. It does not lose its identity through incorporation into a different or more complex unit or substance.

E. It is not permanently incorporated into the structure of a building.

Generally Accepted Accounting Principles (GAAP): A widely accepted set of rules, conventions, standards, and procedures for reporting financial information as established by the Financial Accounting Standards Board and the Governmental Accounting Standards Board.

Technology Infrastructure: Long lived technology assets that are normally stationary in nature and normally can be preserved for a significantly greater number of years than technology assets, such as fiber optic networks.

Land: All real estate owned by the District, including land owned in fee simple, easements, rights-of-ways, leases and other interests in land.

Land improvements: Permanent improvements, excluding buildings, which add value to the land or improve the use of the land, such as sidewalks, parking lots, driveways, and fences.

V. Procedures

A. Capitalization

1. All land acquisition costs will be capitalized and will not be depreciated, except in rare cases where the economic value of land may be depleted through use.

2. Buildings, building improvements, and technology infrastructure will be capitalized if the project costs have a life expectancy of 10 years or more.

3. Assets other than land, buildings, buildings improvements and technology infrastructure will be capitalized if the asset has a useful life of more than one year and a unit cost of $5,000 or more. Bulk purchases of like assets with unit costs of less than $5,000 will be expensed unless it would result in a material misstatement to the financial statements.

Building improvements will be treated as follows:

- Replacement roof coverings are not capitalized unless the replacement extends the useful life of the building

- Replacement floor coverings and window coverings are not capitalized

- Costs to remodel (convert) a building to a different use, where the remodeling does not extend the useful life of the structure itself, are not capitalized

5

B. Valuation of Capital Assets

Capital Assets should be assigned a dollar value in accordance with the following:

1. Purchased Assets

The cost of a feasibility study associated with the acquisition or construction of a capital asset should not be included as part of the cost of the asset acquired.

Use historical costs including all appropriate ancillary costs (freight, installation costs, etc.) plus other direct costs of getting the asset into the condition necessary for its intended use less any discounts or rebates. If the historical cost is not practically determinable, use estimated costs.

The capitalized value of land includes the purchase price plus costs such as legal fees, engineering fees, surveying fees, fill, any excavation costs incurred to put the land in condition for its intended use, and any other ancillary charges.

Building costs include both acquisition and capital improvement costs. Capital improvements include structures (e.g., office buildings, storage quarters, and other facilities) and all other property permanently attached to, or an integral part of the structure (e.g., loading docks, heating and air conditioning equipment, and refrigeration equipment) as well as ancillary costs incurred in getting the structure in condition for its intended use.

Furniture, fixtures, or other equipment should be valued at historical costs. Include the cost of an extended maintenance or warranty contract in the asset’s valuation if the contract is purchased at the same time as the capital asset. Exclude any training or maintenance costs unless these costs cannot be separated from the acquisition cost.

2. Construction In Progress

Capitalize all direct costs associated with construction and management costs associated with a construction project when they are practicably discernible and directly associated with a project. When a project is deemed substantially complete, i.e., a Certificate of Substantial Completion has been delivered to the District, construction costs from the beginning to the end of the project are capitalized in the appropriate category of capital assets.

3. Donated Assets

Use the fair market value as of the date of donation plus all appropriate ancillary costs. Fair value is what it would have cost the District to acquire the asset, not the amount for which it could resell the asset. If the fair market value is not determinable due to lack of sufficient records, use the estimated cost. If land is acquired by gift, the capitalized value is to reflect its appraised or fair market value at the time of donation.

4. Building Improvements Versus Repairs and Maintenance

Repair and maintenance expenditures are those made to maintain an existing capital asset in order to restore the capital asset to working condition or keep a capital asset in its intended operating condition, but do not significantly extend the life of the capital asset, materially increase its value, or make it more useful.

C. Establishing the Estimated Useful Lives of Capital Assets

The Accounting Department is responsible for establishing and utilizing an appropriate useful life for capital assets.

The best source of relevant information on the estimated useful life of a District capital asset is the District’s past experience with similar assets coupled with the experience of other like entities in regard to that particular capital asset’s typical useful life. Asset replacement experience as well as repair and maintenance data will be used in determining estimated useful life.

When comparing District experience for similar assets and the experience of other like entities, the following should be considered:

Quality-Similar assets may differ substantially in quality because of differences in design, materials, and workmanship. These differences may require an adjustment in the estimated useful life of the asset.

6

Application-The intended use for a given type of capital asset may vary significantly, and thus alter the estimated useful life of the asset.

Environment-Environmental differences among entities can have an important impact on the useful life of a respective asset.

D. Depreciation Policy

Calculate and record depreciation for all capital assets unless specifically exempted.

Depreciation normally begins when an asset is purchased or completed. However, if not placed into service immediately, depreciation should begin when the asset begins to lose value.

Depreciation will be calculated by month, with a full month’s depreciation taken for assets acquired or disposed of anytime during the month.

Depreciation will be calculated using the straight-line method. In straight-line depreciation, the cost of the asset (less any salvage value) is prorated over the estimated useful life of the asset.

E. Inventory Procedures

All capitalized asset additions, transfers, and deletions shall be recorded monthly (as deemed appropriate) and inventoried annually. Physical inventories will be coordinated by the Accounting Department.

F. District Asset Records Requirements

Campus and department administrators are responsible for ensuring that District asset records accurately reflect the actual capital and controllable assets located within their facility and/or department. Campus and department administrators will utilize inventory information from the District’s financial system for this purpose.

1. Asset Additions

Capital additions must be entered into the inventory system upon receipt and acceptance, (generally when payment is complete). The Accounting Department will enter the additional information available from the payment process, i.e., vendor, purchase order number, unit cost, total cost, useful life, source of funds for purchase), assign a capital asset number, and determine tagging responsibilities. The acquiring campus or department may have tagging responsibility and will promptly provide to the Accounting Department necessary additional asset information not available through the payment process such as serial number, model number, warranty period, color, or other descriptive information.

2. Asset Deletion/Disposals

Asset deletions and disposals must have proper approval(s) prior to deletion/disposal. Requests for deletion will be made in accordance with Policy CI (LOCAL), CI1 (REGULATION), and CI2 (REGULATION).

3. Lost or Stolen Assets

When suspected or known losses of capital or controllable assets occur, campus and department administrators should conduct a search for the missing property. The search should include transfers to other campuses or departments or for storing, scrapping, conversion to another asset, etc. If the missing property is not found:

a.) Notify the Accounting Department via an e-mail communication from the campus or department administrator.

b.) Require the individual deemed to be primarily responsible for the asset, as well as the individual’s supervisor, to complete and sign a statement which includes a description of events surrounding the disappearance of the property, who was notified of the loss, and the steps taken to locate the property. This statement must be attached to the e-mail communication sent to the Accounting Department.

c.) Depending upon the circumstances surrounding the loss, the Accounting Department may notify the Internal Audit Department and/or the District Police Department for further investigation.

7

4. Asset Transfers

All transfers of capital and controllable assets must be documented on a District Asset Transfer/Deletion Form and submitted to the Warehouse Supervisor by the transferring campus or department, with a copy to the Fixed Assets Accountant. The signatures of both the transferring and receiving individual responsible for the asset must be obtained.

G. Coding of Assets (Capital and Controllable):

Board Approval 6/9/09

Latest Revision-11/17/14

Classification Supplies

Classroom

Furniture

Electronic

Equipment

Controllable

Assets Capital Assets

Account Object 6399 6647 6648 6649 6619 Land

Code 6631 Vehicles

6639 Other

Unit Cost <$149.99 for electronic $150.00 ‐ $499.99 $150.00 ‐ $4,999.99 $500.00 ‐ $4,999.99 >$5,000.00

equipment (*) and for classroom for electronic excluding electronic

classroom furniture (#) furniture (#) equipment (*) equipment (*)

and all other items

< $499.99.

Accountability Will not be tagged and Will not be tagged and Tagged and controlle Tagged and controlledTagged and controlled

should be controlled should be controlled by Technology Dept through through

by location by location through inventory inventory process inventory process

process

Audited by Internal Auditors Internal Auditors Internal Auditors Internal Auditors Internal and External

Auditors

(#) Classroom Furniture example costing greater than $150 but less than $500:

a) Student Desk, Student Chair, Student Desk Combination Unit

b) Teacher Desk

c) Classroom Table

(*) Electronic equipment example costing greater than $150 but less than $5,000:

a) Technology Items (Mobi, Interwrite, Smartboards, Ipads, Tablets)

b) Computer Items (Monitors, printers, scanners, towers, laptops)

c) Graphing Calculators

1



Workshop

Agenda Item Type Information/

Discussion Item


Number of Board Meetings Item is Planned to be Presented: This Agenda Only Other, Please Explain:

District Goals (Check All That Apply): Student Achievement – Prepare Students to be College and Career Ready Service – Provide Quality Service to Internal and External Customers People – Provide a Quality Work Environment So Every Employee can Perform at the


Title: Financial Services Reports

Overview: Section 31.10 of the Texas Property Tax Code requires the Tax Collector for a taxing unit to prepare and submit to the governing body a written report accounting for all taxes collected for the unit during the preceding month. In accordance with the Tax Code, the attached Tax Collection Report as of December 31, 2014 has been provided for information.

Additionally, the 2014-15 Comprehensive Annual Budget Report has been provided as information.

Fiscal Impact Statement: None

Cost: One-Time Multi-Year (Specify):

Funding Source: General Fund Bond Funds Fiscal Year: Grant Funds Other Funds Amendment Required? Yes No

Attachments: Tax Collection Report - Prepared by Janice Himpele 2014-15 Comprehensive Annual Budget Report – Prepared by Marilyn

Farrell (To Be Provided) Approved By: Lynn Lynn Reviewed By: Lynn Lynn Date Submitted: January 8, 2015 9-01-14


student

Information Only

Humble I.S.D.Tax Collection Report

12-31-14

Maintenance & Operations Interest & Sinking Total Collections

Current Month Year To Date Current Month Year To Date Current Month Year To Date

Current Year Taxes 73,071,179.71$ 81,021,062.82$ 21,858,900.70$ 24,237,071.24$ 94,930,080.41$ 105,258,134.06$ Prior Year Taxes 117,916.40 1,485,212.33 35,211.57 439,953.61 153,127.97 1,925,165.94 Penalties & Interest 27,516.06 335,416.16 7,811.47 92,642.45 35,327.53 428,058.61 Tax Certificates / Ret. Item Fees 111.49 1,313.38 111.49 1,313.38 Total Tax Collections 73,216,723.66 82,843,004.69 21,901,923.74 24,769,667.30 95,118,647.40 107,612,671.99 Attorney Fees 24,729.11 295,268.42 24,729.11 295,268.42 Rendition Penalties 7,988.35 23,754.61 7,988.35 23,754.61 Overpayments 342,597.66 384,049.07 342,597.66 384,049.07 Mobile Home Escrow - (427.63) - (427.63)

Total Collections 73,592,038.78 83,545,649.16 21,901,923.74 24,769,667.30 95,493,962.52 108,315,316.46

Refunds Due to Roll Corrections (67,011.96) (499,990.26) (20,046.29) (149,369.99) (87,058.25) (649,360.25) Refunds Due to Overpayments (1) (6,659.02) (123,244.72) (6,659.02) (123,244.72) Returned Checks (29,237.95) (42,132.03) (8,293.47) (11,877.21) (37,531.42) (54,009.24) Attorney Fees (24,729.11) (295,268.42) (24,729.11) (295,268.42)

Net Collections 73,464,400.74$ 82,585,013.73$ 21,873,583.98$ 24,608,420.10$ 95,337,984.72$ 107,193,433.83$

Current Taxes Final Prior Year Taxes

Tax Year 2014 Tax Year 2013 Tax Year 2013 As of 12-31-14 As of 12-31-13

Total Appraised Value as of Certification Date 13,147,516,932$ 11,944,586,055$ 11,944,586,055$ -$ -$ Certified Taxable Value 11,405,544,635 10,323,420,729 10,323,420,729 Year To Date Supplementals 1,361,632,251 1,157,703,167 1,196,085,201 Year To Date Corrections (11,653,133) (9,329,860) (40,450,677) Year To Date Adjustments (Timber) 7,173,713 7,859,762 7,275,322 Adjusted Taxable Value (3) 12,762,697,466 11,479,653,798 11,486,330,575 Tax Rate 1.52 1.52 1.52

Beginning Tax Levy 173,364,278 156,915,995 156,915,995 6,810,678 6,859,361 Adjust Delinquent Taxes Due to Statute of Limitations (250,380) (234,817) Adjusted Delinquent Tax Roll 6,560,298 6,624,544 Year-To-Date Adjustments 20,628,724 17,574,744 17,676,231 Adjusted Tax Levy 193,993,002 174,490,739 174,592,226 6,560,298 6,624,544 Levy Lost Due to Frozen Accounts (4,689,859) (3,406,364) (3,417,410) Current Levy 189,303,143 171,084,375 171,174,816

Net Collections (2) 105,215,798.25$ 89,849,013.37$ 168,638,763.00$ 1,916,539.37$ 1,566,534.99$

% Collected 55.58% 52.52% 98.52% 29.21% 23.65%

(1) Overpayments/double payments by taxpayers or mortgage companies. (2) Net collections equal current collections minus refunds and returned checks. (3) Amount does not include estimated uncertified value of $104,790,128.

1




Action Item




Title: Child Nutrition Center Office Renovations Close-Out

Consideration of Close-Out and Final Payment to Millennium Project Solutions

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the final payment of $6,874.13 to Millennium Project Solutions for a total contract price of $137,482.64 for the office renovations at the Child Nutrition Center. Overview: In accordance with Board Policy CV (LOCAL), the Board shall approve final payment for construction work and/or supervision of such work costing $100,000 or more. The work has been completed, reviewed by the Internal Auditor, and accepted by the Superintendent. On May 6, 2014 the District entered into a contract with Millennium Project Solutions, under the Choice Partners Job Order Contract, for $142,719.64 for the Child Nutrition Center Office Renovations. This project was substantially completed, and the one-year construction warranty began, on June 30, 2014. The close-out documents have been audited by the Internal Audit Department with no material findings. Fiscal Impact Statement: Funding for this project was provided by the National School Breakfast and Lunch Program.


student

Approved

2

Cost: $137,482.64


Funding Source:

General Fund Bond Funds Fiscal Year: 2014-15 Grant Funds Other Funds Amendment Required? Yes No

Budgetary Codes:

Fund



240 51 6245 00 990 99 0000 990

Attachments: Letter of Audit - Attachment 1 Change Order – Attachment 2 Approved Final Pay Application – Attachment 3 Prepared By: Kenny Kendrick Approved By: Dr. Roger Brown Reviewed By: Dr. Guy Sconzo Date Submitted: January 5, 2015 11-11-14

1




Action Item




Title: Purchases Exceeding $50,000 in the Aggregate and/or $25,000 Individually

Consideration of Purchases Exceeding $50,000 in the Aggregate and/or $25,000 Individually Specifically for Replacement of Walk-in Freezers and Coolers at Bear Branch and Elm Grove Elementary Schools Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more for the 2014-15 fiscal year specifically for Replacement of Walk-In Freezers and Walk-in Coolers at Bear Branch and Elm Grove Elementary Schools. These replacements are part of long range planned replacement schedule. By approving the selection of the vendors included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals. Overview: In accordance with Board Policy CH LOCAL, purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more and/or single item purchases estimated at $25,000 or more must be submitted for Board approval before a transaction may take place. This applies to the purchase of goods, professional services, and non-construction services. The Walk-In Freezers and Coolers at Bear Branch and Elm Grove are 37 years old and have exceeded their life expectancy. Replacement of these freezers and coolers will take place during the summer of 2015. Fiscal Impact Statement: Funding for these expenditures will be provided from the National School Breakfast and Lunch Program Fund and are not anticipated to exceed $110,000.


student

Approved

2

Fiscal Year: 2014-15 Amendment Required? Yes No Attachments: Listing of Purchases Exceeding the Threshold(s) Prepared By: Shirley Parker Approved By: Dr. Roger Brown Reviewed By: Dr. Guy Sconzo Date Submitted: December 8, 2014 11-11-14

Purchases Exceeding $50,000 in the Aggregate A1 - Purchases Over $50K AnnuallySupport Services Division




Buy Board Walk‐In Freezers and Coolers Jean's Restaurant Supply

National School Breakfast and Lunch Program

Fund

240-35-6639-00-xxx-99-0000-990 (equipment cost) 240-35-6249-00-xxx-99-0000-990 (installation cost)

One‐Time Child Nutrition Services $110,000

1




Action Item




Title: Emergency Purchase for KPHS Gym Floor Replacement

Consideration of Emergency Purchase for KPHS Gym Floor Replacement

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees ratify the emergency purchase for replacement of the KPHS Gym Floor. Overview: On Tuesday, December 16, 2014, a fire sprinkler head was accidentally struck and ruptured causing the fire sprinkler system to release water and flood the practice gym floor at Kingwood Park High School. Despite the immediate response by the District’s Maintenance and Custodial staff and the prompt engagement of water damage remediation services, the gym floor was ultimately declared a total loss by the insurance adjuster. Immediate action was required to remove the existing gym floor and continue the drying process due to potential mold concerns. Given the urgency of resolving this situation, the District was not able to wait until after the January 13, 2015 Regular Board meeting before engaging a vendor to provide demolition services for the existing damaged gym floor and to also begin installation of a replacement gym floor. The Superintendent, by the authority granted in Board Policy CH (LEGAL), authorized an emergency purchase order to Bauer Sports Floors in the amount of $126,327. The work began on Monday, December 22, 2014 and it is estimated that the project will be completed within 6 -7 weeks. The Risk Management Department is continuing to work with insurance adjusters concerning this property damage claim. The District’s deductible for property insurance claims is $100,000. Fiscal Impact Statement: The District currently budgets $200,000 annually in the General Fund to cover unexpected insurance claims below the $100,000 property claim deductible. This expenditure is being funded out of budgeted property insurance deductibles within the Risk Management General Operating Fund and is not anticipated to exceed $128,000. The Risk Management Department will continue to work to recover insurance proceeds exceeding


student

Approved

2

the $100,000 property claim deductible related to this event. Cost:


Funding Source:


Budgetary Codes:

Fund



199

51

6299

60

749

99

0000

728

GF001

Attachments: Listing of Purchases Exceeding New Thresholds Prepared By: Shelley Vineyard Approved By: Lynn Lynn Reviewed By: Lynn Lynn Date Submitted: January 6, 2015 11-11-14

Purchases Exceeding $50,000 in the Aggregate and/or $25,000 Individually A1 - Purchases Over $50K Annually or $25K IndividuallyFinancial Services

199-51-6299-60-749-99-0000-728-GF001

1




Action Item




Title: Purchases Exceeding $50,000 in the Aggregate, Specifically for Playground Equipment and Installation Consideration of Purchases Exceeding $50,000 in the Aggregate, Specifically for Playground Equipment and Installation Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the listing of purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more for the 2014-15 fiscal year, specifically for playground equipment and installation. By approving the selection of the vendors or consultants included within this agenda item, the Board of Trustees will authorize the Superintendent and Administration to negotiate and execute those contracts and agreements necessary to provide the goods and/or services to the District without the need to return to the Board for any further authorization or approvals. Overview: In accordance with Board Policy CH LOCAL, purchases of goods and/or services that are estimated to aggregate to a value of $50,000 or more and/or single item purchases estimated at $25,000 or more must be submitted for Board approval before a transaction may take place. This applies to the purchase of goods, professional services, and non-construction services. At the September 9, 2014 Regular Board Meeting the Board of Trustees approved a not to exceed contract amount of $60,000 to May Recreation for playground equipment and installation. An additional planned project for Fall Creek Elementary for $38,000 that was not included in the originally requested amount has now been brought to the attention of the Purchasing Department. Fiscal Impact Statement: Funding for this expenditure will be provided from the Campus Activity Fund. Fiscal Year: 2014-15 Amendment Required? Yes No Attachments: Listing of Items Exceeding the Threshold(s)


student

Approved

2

Prepared By: Shelley Vineyard Approved By: Lynn Lynn Reviewed By: Lynn Lynn Date Submitted: December 10, 2014 11-11-14

Purchases Exceeding $50,000 in the Aggregate and/or $25,000 Individually A1 - Purchases Over $50K Annually or $25K IndividuallyDistrict Wide

461-11-6649-00-124-11-30PT-124

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